Terms of Use Terms of Use

Welcome to UNIVERSE Clothing, universeclothing.com, UNIVERSE Clothing tablet and smartphone apps.

These Terms of Use govern your use of this site and the purchase of products from UNIVERSE Clothing, universeclothing.com, UNIVERSE Clothing tablet and smartphone apps (hereafter referred to as “UNIVERSE Clothing” or the “Platforms”) and the use of our services such as our call center. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS.

By accessing or using the Platforms, purchasing UNIVERSE Clothing products, or using our services you agree that the Terms of Use then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed in the Disputes section below. Your use of the Platforms also constitutes your agreement to follow and be bound by the terms of the UNIVERSE Clothing Privacy Policy. If you do not agree to the Terms of Use, please do not use the UNIVERSE Clothing Platforms, our services or purchase products through the Platforms.

Either you or UNIVERSE Clothing may terminate this agreement at any time. You may terminate this agreement by immediately exiting the Platforms and neither accessing, nor making purchases through, our Platforms in the future. UNIVERSE Clothing may terminate this agreement by refusing your access to the Platforms. UNIVERSE Clothing requests that you carefully read the Terms of Use provided below and the UNIVERSE Clothing Privacy Policy before using, or purchasing products through the Platforms.

Use of Our Platforms, UNIVERSE Clothing's License to You to Use universeclothing.com

UNIVERSE Clothing, Inc., along with its subsidiaries ("UNIVERSE Clothing"), jointly grant you permission to view and use the Platforms and to print individual pages from any Platform for your personal, non-commercial use.

The contents of our Platforms are intended solely for personal, non-commercial (other than purchases of products made through the Platforms) use by visitors. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify, reproduce, distribute, transmit, republish, display the content of the Platforms for any commercial purpose, (b) decompile, reverse engineer or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the content of the Platforms, (d) transfer the content of the Platforms to another person or (e) allow anyone else to copy any portion of the content of the Platforms. As a condition to your use of the Platforms, you represent and warrant to UNIVERSE Clothing that you will not use the Platforms, or any of the content of the Platforms, for any immoral or unlawful purposes or any purposes prohibited by these Terms of Use. Materials provided on the Platforms are provided as a service to UNIVERSE Clothing's customers to be used for informational purposes only. UNIVERSE Clothing makes no representations about the suitability of such materials for any purpose.

Changes to the Platforms, Terms of Use and Privacy Policy

UNIVERSE Clothing is consistently working to improve your online shopping experience on the Platforms; consequently, UNIVERSE Clothing reserves the right to change, move or delete portions of, or add to, the Platforms from time to time without notice to you. UNIVERSE Clothing also reserves the right to change these Terms of Use or the terms of the UNIVERSE Clothing Privacy Policy without providing you with prior notice of such changes. Your use of the Platforms following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, UNIVERSE Clothing recommends that you read these Terms of Use each time you visit the Platforms. Updates to these Terms of Use will be noted by the date marker at the beginning of this document

Product Information and Ordering from the Platforms

Unless indicated otherwise, most products featured on the Platforms will be available in selected UNIVERSE Clothing stores while supplies last. Not every item in a UNIVERSE Clothing store is offered for sale on the Platforms and not every item for sale on the Platforms is available in a UNIVERSE Clothing store. The prices displayed on our Platforms are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Platforms, please follow all ordering instructions carefully.

Prices may vary across UNIVERSE Clothing-affiliated channels (i.e., UNIVERSE Clothing stores, universeclothing.com, UNIVERSE Clothing app for iPhone, UNIVERSE Clothing app for Android, UNIVERSE Clothing tablet app). It is our goal to display the most accurate prices possible; however, if you notice an inconsistency, please consult universeclothing.com.

UNIVERSE Clothing has made a conscientious effort to display its products on the Platforms accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products that you see as a visitor to the Platforms will depend on a number of things, including your computer equipment and Internet connections. Consequently, UNIVERSE Clothing cannot and does not guarantee that the product images available to you on its website are accurate in every detail.

Purchasing from the Platforms

Most of the products featured on the Platforms can be purchased by you online. When ordering, please follow the instructions carefully. If you ever have a question about any order you have made from the Platforms please contact UNIVERSE Clothing by email under "Contact Us" on our Customer Service page on any Platform.

UNIVERSE Clothing will send you a confirmation email of any order you place on the Platforms; however, your receipt of an electronic or other form of order confirmation does not necessarily signify UNIVERSE Clothing's acceptance of your order, nor does it constitute confirmation of UNIVERSE Clothing's offer to sell. UNIVERSE Clothing reserves the right at any time after receipt of your order to accept or decline your order for any reason. UNIVERSE Clothing reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. UNIVERSE Clothing may require additional verifications or information before accepting your order. UNIVERSE Clothing is a seller to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by UNIVERSE Clothing.

Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders.

UNIVERSE Clothing Owns the Contents of the Platforms

Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will UNIVERSE Clothing be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if UNIVERSE Clothing has been advised of the possibility of such damages. UNIVERSE Clothing does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns. Thank you. 

Disclaimer. Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will UNIVERSE Clothing be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if UNIVERSE Clothing has been advised of the possibility of such damages. UNIVERSE Clothing does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns. Thank you. 

Limitation of Liability. In no event will UNIVERSE Clothing, or any of our employees, directors, officers, or agents be liable to any party for any general, direct, indirect, incidental, special, consequential, exemplary or punitive damages for use of the Platforms including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from, arising out of, or in any way connected with the use of or inability to use the Platforms or reliance on the content in the Platforms. This limitation of liability applies to all claims based in law, equity, contract, negligence, strict liability, tort, or otherwise. 

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnification by You

By using the Platforms, you agree to indemnify, defend, and hold UNIVERSE Clothing harmless from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from your use of the Platforms or the material provided therein and any breach by you of these Terms of Use. 

Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. UNIVERSE Clothing is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. UNIVERSE Clothing’s Customer Service Representatives are ready to assist you and address your concerns. Please email support@universeclothing.com . In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

A. Pre-Arbitration Claim Resolution - For all disputes, you must first give UNIVERSE Clothing an opportunity to resolve the dispute by emailing or writing us at support@universeclothing.com or 3417 Canton Rd, Marietta, GA 30066, Attn: General Counsel. and providing the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and UNIVERSE Clothing arising under these Terms of Use, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and UNIVERSE Clothing further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms of Use, your use of or access to the Platforms (other than unauthorized use), or to any products or services sold or distributed by UNIVERSE Clothing, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to, products, services, delivery, and any communication, by whatever means, between you and UNIVERSE Clothing, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Platforms or services are exempt from this dispute resolution provision, so long as they are brought on an individual basis and not by way of a class or collective action.

You and UNIVERSE Clothing agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

YOU AND UNIVERSE CLOTHING AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS OF USE, YOU AND UNIVERSE CLOTHING ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. In the absence of this provision, you and UNIVERSE Clothing might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be limited or may be waived.

 This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against UNIVERSE Clothing’s affiliates and related entities.

 The agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

 This agreement to arbitrate shall survive termination of these Terms of Use and the termination of your account with UNIVERSE Clothing or your discontinued use of the Platforms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and UNIVERSE Clothing both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

C. Arbitration Procedures - If any dispute between you and UNIVERSE Clothing is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or UNIVERSE Clothing may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on UNIVERSE Clothing’s registered agent for service of process, National Registered Agents, Inc., 160 Mine Lake Court, Suite 200, Raleigh, North Carolina 27615, United States. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and UNIVERSE Clothing.

Miscellaneous Provisions

The Platforms are controlled and operated by UNIVERSE Clothing from its offices in Marietta, Georgia. The Federal Arbitration Act and applicable federal law (or, in the absence of applicable federal law, then the laws of the State of Georgia), without regard to any conflict of law provisions, will govern these Terms of Use and any disputes or claims between you and UNIVERSE Clothing. In any circumstances where the agreement to arbitrate permits the parties to litigate a dispute in court, any such dispute shall be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in the State of Georgia.

Order Cancellations

When placing an order on the Platforms once you click submit we are unable to cancel your order at that time. However, once you have received your order, if you are in any way dissatisfied, you can choose one of our two easy and convenient ways to make a return. Please see our Return Policy to find out which way is best for you.

Rebate Information

Any product rebate offer given to you with your purchase is provided by the manufacturer, not UNIVERSE Clothing. The manufacturer is responsible for any terms and conditions and effective dates of the rebate offer. Please note: It is standard to provide a proof of purchase and the Universal Product Code from the original packaging and postage before you will receive redemption of any rebate offer provided by the manufacturer.

Pricing

At UNIVERSE Clothing, it is our goal to make sure our pricing is accurate at all times. However, in the event there is a pricing or product description error, UNIVERSE Clothing reserves the right to correct any of these inaccuracies.

User Content

By sharing photos on Facebook, Twitter, Instagram and Pinterest with the hashtag #UNIVERSEClothing, by responding to UNIVERSE Clothing photo rights request with the hashtag #UNIVERSEClothing, you are agreeing to the following:

As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos. Site includes Facebook, Twitter, Instagram, Pinterest and other social media channels.

You grant permission to UNIVERSE Clothing for a perpetual license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other UNIVERSE Clothing marketing purposes, including but not limited to the Platforms, catalogs, email, and other customer communications, store materials, social media, and other marketing. UNIVERSE Clothing may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote UNIVERSE Clothing. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You promise that: You own all rights to your User Content or, alternatively, that you have the right to give UNIVERSE Clothing the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

UNIVERSE Clothing may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.

UNIVERSE Clothing Owns Information, Suggestions, Ideas, Etc. that You Submit

Any comments, suggestions, ideas or other submissions that you provide to UNIVERSE Clothing by using the Platforms or which are otherwise provided to UNIVERSE Clothing in connection with your use of the Platforms will become UNIVERSE Clothing's property. The act of providing any such comments, suggestions, ideas, feedback, or materials constitutes an assignment to UNIVERSE Clothing of all worldwide right, title and interest, including copyright and other intellectual property rights, in the material and information you provide to UNIVERSE Clothing. UNIVERSE Clothing will be under no obligation to use any idea, submission or suggestion provided by you in any way or to respond to any such idea, submission or suggestion.

No information, material, or comment provided to UNIVERSE Clothing by you through the Platforms may contain vulgar, obscene, threatening or otherwise unlawful language or material.

UNIVERSE Clothing Social Networking Community Policy

With the best interests of the social networking community in mind, please note UNIVERSE Clothing's "rules of the road" for civil and successful networking on its community programs, such as, but without limitation, blogs, chats, forums, wikis, profiles, tweets, and other social networking forums. You must be at least 13 to participate and agree to be governed by our Privacy Policy and the Terms of Use outlined above.

  1. USE GOOD JUDGEMENT. You are personally responsible for the content you post, and some things you may be tempted to post may violate laws or even cause you to be sued by others. UNIVERSE Clothing is not responsible or liable for what you or anyone else posts on our sites and programs.
  2. BE POLITE AND RESPECTFUL. DO NO HARM. Do not curse, threaten, name call, belittle, ridicule, embarrass, humiliate, harass, insult, or make rude or joking comments or slurs about a person's gender, race, religion, disability, age, national origin, sexual orientation, military status or any other negative comments about their protected class.
  3. RESPECTFULLY DISAGREE. Do not pick fights or use our Platforms to carry out a personal agenda not related to the fashion or retail world. This is not the appropriate place for debate of controversial political or social issues.
  4. NO SOLICITATION. Do not use these sites to solicit funds, advertise your services or goods for sale, promote business for a third party, or any other commercial purpose.
  5. NO OBJECTIONABLE MATERIAL. No nude, semi-nude or sexually oriented words, pictures, jokes, cartoons or videos of yourself or others. No material that targets any protected classes, such as jokes about a person's gender, race, religion, disability, age, national origin, sexual orientation, military status.
  6. NO MATERIAL THAT COULD HARM THE SITE OR THE COMPUTERS OF OTHERS. No spam, chain letters, video's, U-Tube clips, or chain jokes, and no material that may have imbedded a virus, worm, corrupted files, Trojan horses, malware, spyware or any other device aimed at damaging computers, collecting data, etc.
  7. GIVE CREDIT WHERE CREDIT IS DUE. Do not attach or imbed any text, logo, video, songs, pictures, drawings, etc. or any other material as if it is your own which may be protected by a copyright, trade secret, or any other rights of ownership not belonging to you unless you have written, signed and dated permission by the owner, and you acknowledge the true owner in your post.
  8. BE CONFIDENTIAL REGARDING YOURSELF, AND OTHERS. Never post a social security number, a credit card number, birthday, telephone number, first or last name, address, email address, password, or any other information someone could use for identity theft.
  9. THESE UNIVERSE CLOTHING SITES AND PROGRAMS ARE PUBLIC, NOT PRIVATE. What you decide to post will be open to public view and considered non-confidential and non-proprietary. You and you alone are responsible for what you say, for the protection of your private information and for safeguarding your thoughts, ideas and creations. If you do not want the world to see it, or others including UNIVERSE Clothing to use it without restriction and without compensation to you, then don't post it with us.
  10. OFFENSIVE, OUT-DATED OR IRRELEVANT MATERIAL. While it would be impossible to monitor every post and respond to every comment, UNIVERSE Clothing reserves the right and discretion to remove any offensive, outdated or irrelevant material posted to its sites at any time, for any reason, without notice, and to suspend or ban a user who violates these guidelines.
  11. OBEY THE LAWS. In the event of suspected unlawful conduct using UNIVERSE Clothing social media sites or programs, UNIVERSE Clothing will report the conduct to the appropriate authorities and cooperate in their investigation or prosecution of criminal wrong-doing.
  12. REPOSTING. Do not repost messages that have been removed from the site.

UNIVERSE Clothing Gift Card and Promotional Card Terms and Conditions

These UNIVERSE Clothing Gift Card and Promotional Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of (1) UNIVERSE Clothing gift cards (whether issued in electronic, plastic or other format) (collectively, “Gift Cards”); and (2) UNIVERSE Clothing promotional cards or credits that are issued pursuant to a promotional, incentive, loyalty or rewards program (whether issued in electronic, plastic or other format) (“Promotional Cards” and, collectively with Gift Cards, referenced as “Cards”).  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS. This Agreement is between you, the Cardholder, and UNIVERSE Clothing Gift Card Company LLC (“Issuer”), the Card Issuer.  By purchasing, accepting or using your Card, you agree that the Agreement then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed below.  If you do not agree with this Agreement, do not purchase, use or accept the Card.  The purchase and use of Cards are also subject to UNIVERSE Clothing’s General Terms of Use, which are subject to change and available at https://www.universeclothing.com/pages/terms-of-use/, and UNIVERSE Clothing’s Privacy Policy, which is subject to change and available at https://www.universeclothing.com/pages/privacy-policy/.

    1. About Your Card. The Cards are issued by Issuer.  Issuer is responsible for the operation and maintenance of the Gift Card program.  Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder.  Issuer’s affiliates and related entities (including without limitation UNIVERSE Clothing, Inc. and subsidiaries (“UNIVERSE Clothing”)) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities (including without limitation UNIVERSE Clothing) from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased at UNIVERSE Clothing Stores, online at universeclothing.com, on UNIVERSE Clothing’s tablet or smartphone apps or from authorized third-party distributors. Gift Cards are not debit or credit cards.  Promotional Cards are not gift cards, and may be distributed at Issuer’s discretion in connection with promotional, incentive, loyalty or rewards programs operated by Issuer or its affiliates.
    2. Not for Promotional Use. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Issuer’s prior written approval. Such approval may be conditioned on, among other things, execution of and compliance with Issuer’s standard Gift Card license agreement.
    3. Not for Resale. 1. Gift Card is valid only if obtained at a UNIVERSE Clothing store, online at Universeclothing.com or from authorized third-party distributors. Gift Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.
    4. Transferability. 1. Gift Cards may be given as gifts.  Promotional Cards are non-transferable.
    5. Balance Inquiry. For balance inquiry, visit Universeclothing.com.  The balance you receive when inquiring over the telephone or online is an estimate only.  In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
    6. Expiration/Deactivation.
      1.  Gift Cards do not expire.  No fees for inactivity or service fees apply.  Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
      2. Promotional Cards may contain expiration dates in Issuer’s discretion.  Please refer to the terms of the specific Promotional Card.
    7. Redemption. 1. You can use your Card at any UNIVERSE Clothing location and online at Universeclothing.com.  Cards have no cash value and may not be redeemed for cash (except as required by law).  Cards are not redeemable to purchase another Gift Card or towards previously purchased goods or services.  Cards cannot be used to pay on your UNIVERSE Clothing charge account.
    8. Reloadable. Gift Cards may be reloaded with value only at a UNIVERSE Clothing store. Gift Cards are not reloadable on Universeclothing.com.
    9. No Refunds. No refunds are permitted for purchases of Gift Cards.
    10. Lost, Stolen or Damaged Cards. Lost, stolen or damaged Cards will not be replaced or credited to any account. Cards should be safeguarded accordingly.
    11. Cards Used Without Authorization. Cards that have been used without Cardholder’s authorization will not be replaced.
    12. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER PLEASE READ THE FOLLOWING SECTIONS CAREFULLY.  THEY AFFECT YOUR LEGAL RIGHTS. The Issuer is committed to customer satisfaction, so if you have a problem or dispute related to a Card, we will try to resolve your concerns.  UNIVERSE Clothing’s Customer Service Representatives are ready to assist you and address your concerns.  Please email support@universeclothing.com or call 1-833-976-2822. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.  

      A.  Pre-Arbitration Claim Resolution - For all disputes, you must first give the Issuer an opportunity to resolve the dispute by emailing or writing us at support@universeclothing.com or 3417 Canton Rd, BLDG 602, Marietta, GA 30066, Attn: General Counsel. and providing the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek.  If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below. 

      B.  Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and the Issuer arising under this Agreement, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration.  To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law.  You and the Issuer further  agree that any dispute, whether at law or equity, arising out of or relating in any way to this Agreement, your purchase or use of a Card (other than unauthorized use), or to any Cards sold or distributed by the Issuer or UNIVERSE Clothing, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to Cards, and any communication, by whatever means, between you and UNIVERSE Clothing, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Cards or services are exempt from this arbitration provision, so long as they are brought individually.

      You and the Issuer agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. 

      You and the Issuer agree to waive the right to trial by jury.  You understand and agree that by accepting this Agreement, you and UNIVERSE Clothing are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this provision, you and the Issuer might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court ( e.g ., the rights to both appeal and certain types of discovery) may be limited or may be waived . 

      This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against UNIVERSE Clothing’s affiliates and related entities. 

      This agreement to arbitrate evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. 

      This agreement to arbitrate shall survive termination of this Agreement or your discontinued use of the Cards.  Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.  If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and the Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. 

      C.  Arbitration Procedures - If any dispute between you and the Issuer is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Issuer may initiate arbitration proceedings.  The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on the Issuer’s registered agent for service of process, National Registered Agents, Inc., 289 S Culver Street, Lawrenceville, Georgia 30046-4805, United States. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.
    13. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and the Issuer.
    14. Limitation of Liability.  ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
    15. Governing Law. The laws of the State of Georgia, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
    16. Fraud. Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.

Welcome to UNIVERSE Clothing, universeclothing.com, UNIVERSE Clothing tablet and smartphone apps.

These Terms of Use govern your use of this site and the purchase of products from UNIVERSE Clothing, universeclothing.com, UNIVERSE Clothing tablet and smartphone apps (hereafter referred to as “UNIVERSE Clothing” or the “Platforms”) and the use of our services such as our call center. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS.

By accessing or using the Platforms, purchasing UNIVERSE Clothing products, or using our services you agree that the Terms of Use then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed in the Disputes section below. Your use of the Platforms also constitutes your agreement to follow and be bound by the terms of the UNIVERSE Clothing Privacy Policy. If you do not agree to the Terms of Use, please do not use the UNIVERSE Clothing Platforms, our services or purchase products through the Platforms.

Either you or UNIVERSE Clothing may terminate this agreement at any time. You may terminate this agreement by immediately exiting the Platforms and neither accessing, nor making purchases through, our Platforms in the future. UNIVERSE Clothing may terminate this agreement by refusing your access to the Platforms. UNIVERSE Clothing requests that you carefully read the Terms of Use provided below and the UNIVERSE Clothing Privacy Policy before using, or purchasing products through the Platforms.

Use of Our Platforms, UNIVERSE Clothing's License to You to Use universeclothing.com

UNIVERSE Clothing, Inc., along with its subsidiaries ("UNIVERSE Clothing"), jointly grant you permission to view and use the Platforms and to print individual pages from any Platform for your personal, non-commercial use.

The contents of our Platforms are intended solely for personal, non-commercial (other than purchases of products made through the Platforms) use by visitors. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify, reproduce, distribute, transmit, republish, display the content of the Platforms for any commercial purpose, (b) decompile, reverse engineer or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the content of the Platforms, (d) transfer the content of the Platforms to another person or (e) allow anyone else to copy any portion of the content of the Platforms. As a condition to your use of the Platforms, you represent and warrant to UNIVERSE Clothing that you will not use the Platforms, or any of the content of the Platforms, for any immoral or unlawful purposes or any purposes prohibited by these Terms of Use. Materials provided on the Platforms are provided as a service to UNIVERSE Clothing's customers to be used for informational purposes only. UNIVERSE Clothing makes no representations about the suitability of such materials for any purpose.

Changes to the Platforms, Terms of Use and Privacy Policy

UNIVERSE Clothing is consistently working to improve your online shopping experience on the Platforms; consequently, UNIVERSE Clothing reserves the right to change, move or delete portions of, or add to, the Platforms from time to time without notice to you. UNIVERSE Clothing also reserves the right to change these Terms of Use or the terms of the UNIVERSE Clothing Privacy Policy without providing you with prior notice of such changes. Your use of the Platforms following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, UNIVERSE Clothing recommends that you read these Terms of Use each time you visit the Platforms. Updates to these Terms of Use will be noted by the date marker at the beginning of this document

Product Information and Ordering from the Platforms

Unless indicated otherwise, most products featured on the Platforms will be available in selected UNIVERSE Clothing stores while supplies last. Not every item in a UNIVERSE Clothing store is offered for sale on the Platforms and not every item for sale on the Platforms is available in a UNIVERSE Clothing store. The prices displayed on our Platforms are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Platforms, please follow all ordering instructions carefully.

Prices may vary across UNIVERSE Clothing-affiliated channels (i.e., UNIVERSE Clothing stores, universeclothing.com, UNIVERSE Clothing app for iPhone, UNIVERSE Clothing app for Android, UNIVERSE Clothing tablet app). It is our goal to display the most accurate prices possible; however, if you notice an inconsistency, please consult universeclothing.com.

UNIVERSE Clothing has made a conscientious effort to display its products on the Platforms accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products that you see as a visitor to the Platforms will depend on a number of things, including your computer equipment and Internet connections. Consequently, UNIVERSE Clothing cannot and does not guarantee that the product images available to you on its website are accurate in every detail.

Purchasing from the Platforms

Most of the products featured on the Platforms can be purchased by you online. When ordering, please follow the instructions carefully. If you ever have a question about any order you have made from the Platforms please contact UNIVERSE Clothing by email under "Contact Us" on our Customer Service page on any Platform.

UNIVERSE Clothing will send you a confirmation email of any order you place on the Platforms; however, your receipt of an electronic or other form of order confirmation does not necessarily signify UNIVERSE Clothing's acceptance of your order, nor does it constitute confirmation of UNIVERSE Clothing's offer to sell. UNIVERSE Clothing reserves the right at any time after receipt of your order to accept or decline your order for any reason. UNIVERSE Clothing reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. UNIVERSE Clothing may require additional verifications or information before accepting your order. UNIVERSE Clothing is a seller to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by UNIVERSE Clothing.

Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders.

UNIVERSE Clothing Owns the Contents of the Platforms

Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will UNIVERSE Clothing be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if UNIVERSE Clothing has been advised of the possibility of such damages. UNIVERSE Clothing does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns. Thank you. 

Disclaimer. Users assume all responsibility and risk for the use of the Platforms and the Internet generally. All information and materials provided on the Platforms are provided "as is," without any express or implied warranty or representation of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. You acknowledge, by your use of the Platforms, that your use is solely at your own risk. In no event will UNIVERSE Clothing be liable for any damages whatsoever (including, without limitation, any special, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out of the use of or inability to use the content of the Platforms or any website linked thereto, even if UNIVERSE Clothing has been advised of the possibility of such damages. UNIVERSE Clothing does not warrant the accuracy or completeness of the information, text, graphics, links, and other items contained on the Platforms. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Warranty information regarding any products offered for sale on the Platforms is available through the vendor/manufacturer that made the product. Please contact the vendor/manufacturer for any questions or concerns. Thank you. 

Limitation of Liability. In no event will UNIVERSE Clothing, or any of our employees, directors, officers, or agents be liable to any party for any general, direct, indirect, incidental, special, consequential, exemplary or punitive damages for use of the Platforms including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from, arising out of, or in any way connected with the use of or inability to use the Platforms or reliance on the content in the Platforms. This limitation of liability applies to all claims based in law, equity, contract, negligence, strict liability, tort, or otherwise. 

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnification by You

By using the Platforms, you agree to indemnify, defend, and hold UNIVERSE Clothing harmless from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from your use of the Platforms or the material provided therein and any breach by you of these Terms of Use. 

Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. UNIVERSE Clothing is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. UNIVERSE Clothing’s Customer Service Representatives are ready to assist you and address your concerns. Please email support@universeclothing.com . In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

A. Pre-Arbitration Claim Resolution - For all disputes, you must first give UNIVERSE Clothing an opportunity to resolve the dispute by emailing or writing us at support@universeclothing.com or 3417 Canton Rd, Marietta, GA 30066, Attn: General Counsel. and providing the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and UNIVERSE Clothing arising under these Terms of Use, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and UNIVERSE Clothing further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms of Use, your use of or access to the Platforms (other than unauthorized use), or to any products or services sold or distributed by UNIVERSE Clothing, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to, products, services, delivery, and any communication, by whatever means, between you and UNIVERSE Clothing, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Platforms or services are exempt from this dispute resolution provision, so long as they are brought on an individual basis and not by way of a class or collective action.

You and UNIVERSE Clothing agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

YOU AND UNIVERSE CLOTHING AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS OF USE, YOU AND UNIVERSE CLOTHING ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. In the absence of this provision, you and UNIVERSE Clothing might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be limited or may be waived.

 This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against UNIVERSE Clothing’s affiliates and related entities.

 The agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

 This agreement to arbitrate shall survive termination of these Terms of Use and the termination of your account with UNIVERSE Clothing or your discontinued use of the Platforms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and UNIVERSE Clothing both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

C. Arbitration Procedures - If any dispute between you and UNIVERSE Clothing is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or UNIVERSE Clothing may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on UNIVERSE Clothing’s registered agent for service of process, National Registered Agents, Inc., 160 Mine Lake Court, Suite 200, Raleigh, North Carolina 27615, United States. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and UNIVERSE Clothing.

Miscellaneous Provisions

The Platforms are controlled and operated by UNIVERSE Clothing from its offices in Marietta, Georgia. The Federal Arbitration Act and applicable federal law (or, in the absence of applicable federal law, then the laws of the State of Georgia), without regard to any conflict of law provisions, will govern these Terms of Use and any disputes or claims between you and UNIVERSE Clothing. In any circumstances where the agreement to arbitrate permits the parties to litigate a dispute in court, any such dispute shall be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in the State of Georgia.

Order Cancellations

When placing an order on the Platforms once you click submit we are unable to cancel your order at that time. However, once you have received your order, if you are in any way dissatisfied, you can choose one of our two easy and convenient ways to make a return. Please see our Return Policy to find out which way is best for you.

Rebate Information

Any product rebate offer given to you with your purchase is provided by the manufacturer, not UNIVERSE Clothing. The manufacturer is responsible for any terms and conditions and effective dates of the rebate offer. Please note: It is standard to provide a proof of purchase and the Universal Product Code from the original packaging and postage before you will receive redemption of any rebate offer provided by the manufacturer.

Pricing

At UNIVERSE Clothing, it is our goal to make sure our pricing is accurate at all times. However, in the event there is a pricing or product description error, UNIVERSE Clothing reserves the right to correct any of these inaccuracies.

User Content

By sharing photos on Facebook, Twitter, Instagram and Pinterest with the hashtag #UNIVERSEClothing, by responding to UNIVERSE Clothing photo rights request with the hashtag #UNIVERSEClothing, you are agreeing to the following:

As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos. Site includes Facebook, Twitter, Instagram, Pinterest and other social media channels.

You grant permission to UNIVERSE Clothing for a perpetual license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other UNIVERSE Clothing marketing purposes, including but not limited to the Platforms, catalogs, email, and other customer communications, store materials, social media, and other marketing. UNIVERSE Clothing may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote UNIVERSE Clothing. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You promise that: You own all rights to your User Content or, alternatively, that you have the right to give UNIVERSE Clothing the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

UNIVERSE Clothing may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.

UNIVERSE Clothing Owns Information, Suggestions, Ideas, Etc. that You Submit

Any comments, suggestions, ideas or other submissions that you provide to UNIVERSE Clothing by using the Platforms or which are otherwise provided to UNIVERSE Clothing in connection with your use of the Platforms will become UNIVERSE Clothing's property. The act of providing any such comments, suggestions, ideas, feedback, or materials constitutes an assignment to UNIVERSE Clothing of all worldwide right, title and interest, including copyright and other intellectual property rights, in the material and information you provide to UNIVERSE Clothing. UNIVERSE Clothing will be under no obligation to use any idea, submission or suggestion provided by you in any way or to respond to any such idea, submission or suggestion.

No information, material, or comment provided to UNIVERSE Clothing by you through the Platforms may contain vulgar, obscene, threatening or otherwise unlawful language or material.

UNIVERSE Clothing Social Networking Community Policy

With the best interests of the social networking community in mind, please note UNIVERSE Clothing's "rules of the road" for civil and successful networking on its community programs, such as, but without limitation, blogs, chats, forums, wikis, profiles, tweets, and other social networking forums. You must be at least 13 to participate and agree to be governed by our Privacy Policy and the Terms of Use outlined above.

  1. USE GOOD JUDGEMENT. You are personally responsible for the content you post, and some things you may be tempted to post may violate laws or even cause you to be sued by others. UNIVERSE Clothing is not responsible or liable for what you or anyone else posts on our sites and programs.
  2. BE POLITE AND RESPECTFUL. DO NO HARM. Do not curse, threaten, name call, belittle, ridicule, embarrass, humiliate, harass, insult, or make rude or joking comments or slurs about a person's gender, race, religion, disability, age, national origin, sexual orientation, military status or any other negative comments about their protected class.
  3. RESPECTFULLY DISAGREE. Do not pick fights or use our Platforms to carry out a personal agenda not related to the fashion or retail world. This is not the appropriate place for debate of controversial political or social issues.
  4. NO SOLICITATION. Do not use these sites to solicit funds, advertise your services or goods for sale, promote business for a third party, or any other commercial purpose.
  5. NO OBJECTIONABLE MATERIAL. No nude, semi-nude or sexually oriented words, pictures, jokes, cartoons or videos of yourself or others. No material that targets any protected classes, such as jokes about a person's gender, race, religion, disability, age, national origin, sexual orientation, military status.
  6. NO MATERIAL THAT COULD HARM THE SITE OR THE COMPUTERS OF OTHERS. No spam, chain letters, video's, U-Tube clips, or chain jokes, and no material that may have imbedded a virus, worm, corrupted files, Trojan horses, malware, spyware or any other device aimed at damaging computers, collecting data, etc.
  7. GIVE CREDIT WHERE CREDIT IS DUE. Do not attach or imbed any text, logo, video, songs, pictures, drawings, etc. or any other material as if it is your own which may be protected by a copyright, trade secret, or any other rights of ownership not belonging to you unless you have written, signed and dated permission by the owner, and you acknowledge the true owner in your post.
  8. BE CONFIDENTIAL REGARDING YOURSELF, AND OTHERS. Never post a social security number, a credit card number, birthday, telephone number, first or last name, address, email address, password, or any other information someone could use for identity theft.
  9. THESE UNIVERSE CLOTHING SITES AND PROGRAMS ARE PUBLIC, NOT PRIVATE. What you decide to post will be open to public view and considered non-confidential and non-proprietary. You and you alone are responsible for what you say, for the protection of your private information and for safeguarding your thoughts, ideas and creations. If you do not want the world to see it, or others including UNIVERSE Clothing to use it without restriction and without compensation to you, then don't post it with us.
  10. OFFENSIVE, OUT-DATED OR IRRELEVANT MATERIAL. While it would be impossible to monitor every post and respond to every comment, UNIVERSE Clothing reserves the right and discretion to remove any offensive, outdated or irrelevant material posted to its sites at any time, for any reason, without notice, and to suspend or ban a user who violates these guidelines.
  11. OBEY THE LAWS. In the event of suspected unlawful conduct using UNIVERSE Clothing social media sites or programs, UNIVERSE Clothing will report the conduct to the appropriate authorities and cooperate in their investigation or prosecution of criminal wrong-doing.
  12. REPOSTING. Do not repost messages that have been removed from the site.

UNIVERSE Clothing Gift Card and Promotional Card Terms and Conditions

These UNIVERSE Clothing Gift Card and Promotional Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of (1) UNIVERSE Clothing gift cards (whether issued in electronic, plastic or other format) (collectively, “Gift Cards”); and (2) UNIVERSE Clothing promotional cards or credits that are issued pursuant to a promotional, incentive, loyalty or rewards program (whether issued in electronic, plastic or other format) (“Promotional Cards” and, collectively with Gift Cards, referenced as “Cards”).  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION AND CLASS ACTION WAIVERS. This Agreement is between you, the Cardholder, and UNIVERSE Clothing Gift Card Company LLC (“Issuer”), the Card Issuer.  By purchasing, accepting or using your Card, you agree that the Agreement then in force shall apply, including without limitation the binding arbitration, waiver of jury trial and waiver of class action provisions more fully detailed below.  If you do not agree with this Agreement, do not purchase, use or accept the Card.  The purchase and use of Cards are also subject to UNIVERSE Clothing’s General Terms of Use, which are subject to change and available at https://www.universeclothing.com/pages/terms-of-use/, and UNIVERSE Clothing’s Privacy Policy, which is subject to change and available at https://www.universeclothing.com/pages/privacy-policy/.

    1. About Your Card. The Cards are issued by Issuer.  Issuer is responsible for the operation and maintenance of the Gift Card program.  Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder.  Issuer’s affiliates and related entities (including without limitation UNIVERSE Clothing, Inc. and subsidiaries (“UNIVERSE Clothing”)) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities (including without limitation UNIVERSE Clothing) from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased at UNIVERSE Clothing Stores, online at universeclothing.com, on UNIVERSE Clothing’s tablet or smartphone apps or from authorized third-party distributors. Gift Cards are not debit or credit cards.  Promotional Cards are not gift cards, and may be distributed at Issuer’s discretion in connection with promotional, incentive, loyalty or rewards programs operated by Issuer or its affiliates.
    2. Not for Promotional Use. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Issuer’s prior written approval. Such approval may be conditioned on, among other things, execution of and compliance with Issuer’s standard Gift Card license agreement.
    3. Not for Resale. 1. Gift Card is valid only if obtained at a UNIVERSE Clothing store, online at Universeclothing.com or from authorized third-party distributors. Gift Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.
    4. Transferability. 1. Gift Cards may be given as gifts.  Promotional Cards are non-transferable.
    5. Balance Inquiry. For balance inquiry, visit Universeclothing.com.  The balance you receive when inquiring over the telephone or online is an estimate only.  In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
    6. Expiration/Deactivation.
      1.  Gift Cards do not expire.  No fees for inactivity or service fees apply.  Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
      2. Promotional Cards may contain expiration dates in Issuer’s discretion.  Please refer to the terms of the specific Promotional Card.
    7. Redemption. 1. You can use your Card at any UNIVERSE Clothing location and online at Universeclothing.com.  Cards have no cash value and may not be redeemed for cash (except as required by law).  Cards are not redeemable to purchase another Gift Card or towards previously purchased goods or services.  Cards cannot be used to pay on your UNIVERSE Clothing charge account.
    8. Reloadable. Gift Cards may be reloaded with value only at a UNIVERSE Clothing store. Gift Cards are not reloadable on Universeclothing.com.
    9. No Refunds. No refunds are permitted for purchases of Gift Cards.
    10. Lost, Stolen or Damaged Cards. Lost, stolen or damaged Cards will not be replaced or credited to any account. Cards should be safeguarded accordingly.
    11. Cards Used Without Authorization. Cards that have been used without Cardholder’s authorization will not be replaced.
    12. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER PLEASE READ THE FOLLOWING SECTIONS CAREFULLY.  THEY AFFECT YOUR LEGAL RIGHTS. The Issuer is committed to customer satisfaction, so if you have a problem or dispute related to a Card, we will try to resolve your concerns.  UNIVERSE Clothing’s Customer Service Representatives are ready to assist you and address your concerns.  Please email support@universeclothing.com or call 1-833-976-2822. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.  

      A.  Pre-Arbitration Claim Resolution - For all disputes, you must first give the Issuer an opportunity to resolve the dispute by emailing or writing us at support@universeclothing.com or 3417 Canton Rd, BLDG 602, Marietta, GA 30066, Attn: General Counsel. and providing the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek.  If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below. 

      B.  Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and the Issuer arising under this Agreement, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration.  To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law.  You and the Issuer further  agree that any dispute, whether at law or equity, arising out of or relating in any way to this Agreement, your purchase or use of a Card (other than unauthorized use), or to any Cards sold or distributed by the Issuer or UNIVERSE Clothing, whether in-store, over the phone, or online, including, but not limited to, the advertising of, or sales practices and pricing relating to Cards, and any communication, by whatever means, between you and UNIVERSE Clothing, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Cards or services are exempt from this arbitration provision, so long as they are brought individually.

      You and the Issuer agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. 

      You and the Issuer agree to waive the right to trial by jury.  You understand and agree that by accepting this Agreement, you and UNIVERSE Clothing are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this provision, you and the Issuer might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court ( e.g ., the rights to both appeal and certain types of discovery) may be limited or may be waived . 

      This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against UNIVERSE Clothing’s affiliates and related entities. 

      This agreement to arbitrate evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. 

      This agreement to arbitrate shall survive termination of this Agreement or your discontinued use of the Cards.  Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.  If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and the Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. 

      C.  Arbitration Procedures - If any dispute between you and the Issuer is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Issuer may initiate arbitration proceedings.  The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on the Issuer’s registered agent for service of process, National Registered Agents, Inc., 289 S Culver Street, Lawrenceville, Georgia 30046-4805, United States. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.
    13. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and the Issuer.
    14. Limitation of Liability.  ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
    15. Governing Law. The laws of the State of Georgia, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
    16. Fraud. Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.
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