Terms & Conditions
Last Updated: July 14, 2021
Welcome to the Terms of Service for The Patch Brand. This is an agreement (“Agreement”) between The Patch Brand, LLC (“Patch"), the owner and operator of the thepatchbrand.com website and any other Patch branded sites along with any products sold or services offered via the website (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.
Throughout this Agreement, the words “Patch,” “us,” “we,” and “our,” refer to our company, The Patch Brand, LLC as is appropriate in the context of the use of the words.
Please be aware that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement. BY AGREEING TO THIS AGREEMENT, YOU ACCEPT THAT YOU MUST RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS IN ARBITRATION, AS DESCRIBED IN MORE DETAIL BELOW IN THE DISPUTES SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN, OR RECOVERING RELIEF UNDER, ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE US BY SOMEONE ELSE.
The Site and any related services provided are owned and operated by Patch including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software and all other content or any description available on the Site or available via a link from Site to a page created by Patch on another website (collectively, the “Patch Content”). The Patch Content is the sole property of Patch and/or its licensors. All Patch Content is protected by US and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Patch Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Patch is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Patch Content.
Any information or Patch Content found on the Site is for general informational purposes only and is not an endorsement, guarantee, or warranty of any kind. Do not take any actions or refrain from taking actions based on any information found on the Site. Do not delay receiving treatment for any health or medical issues due to any information or Patch Content found on our Site. PATCH DOES NOT PROVIDE MEDICAL OPINIONS OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTIONS. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Please consult with your physician or other healthcare provider if you have health or medical related questions before using any of our products or relying on any information found on the Site. You should discuss any medications or nutritional supplements you are using with your physician or healthcare provider before using any new medications or supplements. The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security, intellectual property, legal, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, intellectual property, legal, or other reasons.
Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Patch. Patch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Patch will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly release Patch from any and all liability arising from your use of any third-party website.
Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold Patch responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Patch;
- You may only use the Site for personal and non-commercial purposes;
- You agree not to interfere with or disrupt the Site;
- You agree to not violate any United States’ federal laws, state laws, or local laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Patch reserves the right to suspend or terminate your access at any time without notice or explanation.
The name “thepatchbrand.com,” “The Patch Brand”, the design of the Patch Site along with Patch created products, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein (“Marks”), are owned by or licensed to Patch. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Patch reserves all rights to the Marks not expressly granted.
A user’s ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Patch does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Patch, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit, for commercial or non-commercial use. It is important for you to grant us this license so that we may transmit your User Content to other users through our Site. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Site.
Orders and Payment
Patch may allow you to purchase items through our Site. When making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation notice.
All orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. We reserve the right to refuse shipments of products to you and to cancel any orders for any reason at any time. Orders need time to process and prepare for shipping; however, please be aware that some purchases may take additional processing time.
If you are unsatisfied for any reason with a purchase from the Site, Patch offers a thirty (30) day full refund policy from the date of your initial purchase. If you are unsatisfied with your initial purchase, you may request a refund within thirty (30) days by contacting us.
To initiate a refund, please contact us at email@example.com. Please include in the title of your email “Refund”. In the body of the email, please include your name, contact information, shipping address and reason for refund. Please be aware that we reserve the sole right and discretion to determine whether your purchase is eligible for our refund policy. Where you are eligible for a refund your refund will be processed and your payment method on file shall be credited. Please be aware that some refunds take up to two billing cycles to appear on your selected payment method.
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
Credit Card Declines
Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
At checkout you may be able to select from multiple shipping options. Shipping is generally available as listed at the time of checkout. Prices for each location may vary. Standard shipping times will apply. As we do not transport the products we cannot guarantee shipping times. Depending where items are shipped, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments will include tracking numbers. Before we can ship your order, Patch must prepare your product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.
RISK OF LOSS
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third-party shipping carrier.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes, including, but not limited to, any customs fees and/or import duty. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
Patch may offer monthly subscriptions for some products offered for sale on the Site. Where you decide to purchase a subscription, your payment information shall be logged for your convenience. AFTER YOUR TRIAL (IF ANY), IF YOU HAVE PURCHASED A SUBSCRIPTION AND YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, PATCH MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD OR BY CONTACTING US. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION (EXCLUDING TRIAL)) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION. IF YOU WOULD LIKE TO CANCEL YOU MAY CANCEL YOUR AUTOMATIC SUBSCRIPTION BY NOTIFYING US AT SUPPORT@THEPATCHBRAND.COM OR BY ACCESSING YOUR SUBSCRIPTION INFORMATION IN YOUR ACCOUNT AND CANCELLING YOUR SUBSCRIPTION.
Termination of Your Subscription
You may cancel your subscription at any time via your account or by contacting us at firstname.lastname@example.org. Any subscriptions cancelled during the subscription period will continue until the end such period.
Product Issues, Availability, and Pricing
It is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Although we try to keep all products on our Site available and on hand, there may be times where such products or specific sizes or colors, are unavailable.
We attempt to have updated pricing on our Site. However, as many products are listed and as prices may consistently change, we cannot guarantee that any price displayed is the correct price for any of the products listed on our Site. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.
Product Photos and Sizing
Please be aware that all photos of any products on the Site are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not exactly match the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing and measurements are approximate and not exact.
Limitation of Liability; Representations and Warranties
USE OF THIS SITE INCLUDING ANY SERVICES PROVIDED, THE PATCH CONTENT, AND ALL PRODUCTS AND ITEMS PURCHASED, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
1. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE SITE, ANY SERVICES, AND ALL PRODUCTS SOLD ON THE SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
2. PATCH DOES NOT WARRANT THAT THE SITE, ANY SERVICES OFFERED, OR ANY PRODUCTS OR ITEMS SOLD WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) BE ACCURATE, FUNCTIONAL, OR RELIABLE.
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site, OUR services, AND OUR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Patch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liability to you will not exceed the total amount you have spent on your purchases via the site OR one hundred us Dollars ($100 USD), WHICHEVER IS GREATER. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Patch’s negligence or that of any of its officers, directors, agents, affiliates, or employees; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY Patch CONTENT, OUR SERVICES, AND PRODUCTS SOLD, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US.
You agree to defend, indemnify, and hold harmless Patch, its officers, directors, agents, affiliates, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- Your use of any Patch products and services;
- Your violation of any term of this Agreement; and
- Your use of the Patch Site.
This defense and indemnification obligation will survive the termination or expiration of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name;
- The name of the party whose copyright has been infringed, if different from your name;
- The name and description of the work that is being infringed;
- The location on our website of the infringing copy;
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: The Patch Brand, LLC 5482 Wilshire Blvd, Los Angeles, 90036, or via email: email@example.com. All counter notices may be sent in the same fashion.
Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Patch or the Site arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Los Angeles, CA or at such other location as may be mutually agreed upon by you and Patch; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Patch ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Patch shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org.
Arbitration Opt Out
You may opt-out of this dispute resolution provision by notifying Patch within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to The Patch Brand, LLC 5482 Wilshire Blvd, Los Angeles, 90036, United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Patch through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, CA
Class Action Waiver
You and Patch agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Patch are deemed to conflict with each other’s operation, you agree that Patch shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, disputes, indemnity, payment, release, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.
You may terminate this Agreement by notifying us at firstname.lastname@example.org. We may terminate your access to the Site if we determine that: (1) you have violated any applicable laws while using our Site; (2) If you have violated this Agreement or any other of our Site policies; or (3) if we believe that any of your actions may harm the Patch Site or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
In order to purchase anything from the Site you must be eighteen (18) years of age or older.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
The communications between you and Patch use electronic means, whether you visit the Site or send Patch e-mails, or whether Patch posts notices on the Site or communicates with you via e-mail. For contractual purposes, you: (1) consent to receive communications from Patch in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Patch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Patch must be sent to The Patch Brand, LLC 5482 Wilshire Blvd, Los Angeles, 90036, or via email: email@example.com
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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