TERMS OF SERVICE

 

THIS TERMS OF SERVICE (THIS “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN DARK TO LIGHT APPAREL LTD. (“DARK TO LIGHT PATRIOT APPAREL”) AND THE PERSON OR ENTITY (HEREINAFTER, “YOU” AND “YOUR”) THAT DESIRES TO USE OF THE SUBSCRIPTION SERVICE, AND THE OTHER FEATURES AND FUNCTIONALITY, AVAILABLE THROUGH WWW.ABOLISHDARKNESS.COM. YOU UNDERSTAND THAT TO USE WWW.ABOLISHDARKNESS.COM AND SUBSCRIBE TO DARK TO LIGHT PATRIOT APPAREL YOU MUST BE AT LEAST 18 YEARS OLD. YOU AGREE TO THIS AGREEMENT BY ELECTING TO ACCESS WWW.ABOLISHDARKNESS.COM. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOUR SOLE RECOURSE IS TO NOT USE WWW.ABOLISHDARKNESS.COM SO AS TO NOT BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

JOINING WWW.ABOLISHDARKNESS.COM; MAINTAINING MEMBERSHIP

WHILE YOU MAY ACCESS AND USE CERTAIN ASPECTS OF WITHOUT JOINING WWW.ABOLISHDARKNESS.COM, OTHER FEATURES AND FUNCTIONALITY, INCLUDING THE PURCHASE AND DELIVERY OF T-SHIRTS, REQUIRE YOU TO JOIN WWW.ABOLISHDARKNESS.COM. IF YOU DO NOT WANT TO JOIN WWW.ABOLISHDARKNESS.COM YOU WILL NOT BE ABLE TO ACCESS THOSE FEATURES AND FUNCTIONALITY. THE DATA YOU SUBMIT IN CONNECTION WITH JOINING WWW.ABOLISHDARKNESS.COM IS SUBJECT TO THE PRIVACY POLICY. IF YOU JOIN, YOU AGREE TO PROVIDE ACCURATE AND COMPLETE INFORMATION INCLUDING, BUT NOT LIMITED TO, YOUR LEGAL NAME, BILLING ADDRESS, DELIVERY ADDRESS (IF DIFFERENT), EMAIL ADDRESS, TELEPHONE NUMBER AND PAYMENT INFORMATION. YOU REPRESENT AND WARRANT TO DARK TO LIGHT PATRIOT APPAREL THAT YOUR USE OF A PAYMENT CARD OR OTHER PAYMENT METHOD IN CONNECTION WITH ANY PURCHASE YOU MAKE ON OR THROUGH WWW.ABOLISHDARKNESS.COM IS AUTHORIZED AND LEGAL. AS PART OF THE INITIAL REGISTRATION PROCESS, YOU MUST CHOOSE A USER NAME AND A PASSWORD TO USE WHEN ACCESSING WWW.ABOLISHDARKNESS.COM. FOR YOUR PROTECTION, YOU MUST KEEP YOUR USER NAME AND PASSWORD SECRET. YOU MUST IMMEDIATELY NOTIFY DARK TO LIGHT PATRIOT APPAREL IF YOU LEARN OR SUSPECT THAT THE SECURITY OF YOUR USER NAME OR PASSWORD HAS BEEN BREACHED. YOU ARE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR USER NAME OR PASSWORD. YOU ARE RESPONSIBLE FOR UPDATING YOUR REGISTRATION INFORMATION, AND PAYMENT SERVICE OR PAYMENT CARD INFORMATION, AS APPLICABLE, AND FOR MAKING SURE THAT THE BILLING ADDRESS IN YOUR REGISTRATION INFORMATION IS CONSISTENT WITH THE BILLING ADDRESS FOR YOUR PAYMENT SERVICE OR PAYMENT CARD AND THE DELIVERY ADDRESS IS AN ADDRESS AT WHICH YOU CAN RECEIVE PACKAGES. YOU ARE ALSO RESPONSIBLE FOR PROMPTLY NOTIFYING YOUR PAYMENT SERVICE OR PAYMENT CARD ISSUER OF ANY CHANGES TO YOUR BILLING INFORMATION OR OF ANY LOSS, THEFT, OR UNAUTHORIZED USE OF YOUR PAYMENT SERVICE ACCOUNT OR PAYMENT CARD NUMBER.

TERMS OF SALE FOR WWW.ABOLISHDARKNESS.COM SUBSCRIPTION

BY JOINING WWW.ABOLISHDARKNESS.COM YOU ARE AGREEING TO THE MONTHLY PURCHASE AND DELIVERY OF THE T-SHIRT OF THE MONTH SELECTED BY DARK TO LIGHT PATRIOT APPAREL. YOU AGREE TO PURCHASE SUCH T-SHIRTS MONTHLY UNLESS AND UNTIL YOU TERMINATE YOUR MEMBERSHIP TO WWW.ABOLISHDARKNESS.COM AS DESCRIBED IN THE SECTION BELOW REGARDING TERMINATION OF YOUR MEMBERSHIP. YOUR SUBSCRIPTION TO WWW.ABOLISHDARKNESS.COM WILL AUTOMATICALLY RENEW AND WILL CHARGE YOUR CARD YOUR SUBSCRIPTION PRICE EVERY MONTH USING THE PAYMENT METHOD YOU PROVIDE WHEN YOU JOIN UNLESS YOU CANCEL PRIOR TO RENEWAL AS PROVIDED BELOW. TAXES MAY APPLY AND ALSO BE CHARGED BASED ON YOUR SHIPPING ADDRESS. PAYMENTS ARE NOT ELIGIBLE FOR REFUNDS OR RETURNS UNDER ANY CIRCUMSTANCE ONCE YOUR PAYMENT HAS BEEN PROCESSED; YOUR INITIAL PAYMENT TO US IS NON-CANCELLABLE BY YOU AND SUBSEQUENT PAYMENTS ARE CANCELLABLE ONLY IN ADVANCE OF OUR BILLING YOU AT THE NEXT BILLING CYCLE; HOWEVER, DARK TO LIGHT PATRIOT APPAREL MAY IN ITS SOLE DISCRETION AGREE TO REVERSE A CHARGE IF IT IS ABLE TO STOP THE FULFILLMENT PROCESS OF YOUR NEXT DELIVERY. EACH MONTHLY T-SHIRT SHALL BE DELIVERED TO THE ADDRESS YOU PROVIDE WHEN YOU JOIN OR AS YOU MAY UPDATE IT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SECURE RECEIPT OF THE GOODS AT THE ADDRESS YOU PROVIDE. RISK OF LOSS AND TITLE WITH RESPECT TO T-SHIRTS SHALL TRANSFER WHEN THE T-SHIRT IS DELIVERED TO THE CARRIER, EITHER AT OUR FACILITY OR THE FACILITY OF OUR THIRD-PARTY FULFILLER. IN THE EVENT OF LOSS DURING THE DELIVERY PROCESS DARK TO LIGHT PATRIOT APPAREL MAY ELECT IN ITS SOLE DISCRETION TO REPLACE YOUR T-SHIRT OR PROVIDE YOU WITH A DIFFERENT T-SHIRT. YOU MAY SWAP THE FIRST T-SHIRT YOU RECEIVE AS A MEMBER OF THE OPERATION ABOLISH DARKNESS CLUB OUT FOR A DIFFERENT SIZE AS LONG AS THE T-SHIRT YOU FIRST RECEIVED HAS NOT BEEN WASHED OR WORN. HOWEVER, YOU UNDERSTAND AND AGREE THAT T-SHIRTS ARE MADE IN LIMITED QUANTITIES AND ANY PARTICULAR T-SHIRT MAY NOT BE ABLE TO BE REPLACED BY A T-SHIRT WITH THE SAME DESIGN. WE WILL ENDEAVOR TO REPLACE ANY T-SHIRT THAT CONTAINS ANY MANUFACTURING DEFECT; HOWEVER, YOU UNDERSTAND AND AGREE THAT T-SHIRTS ARE MADE IN LIMITED QUANTITIES AND ANY PARTICULAR T-SHIRT MAY NOT BE ABLE TO BE REPLACED AND OUR SOLE LIABILITY, YOUR SOLE REMEDY, IN THE EVENT WE CANNOT REPLACE A DEFECTIVE T-SHIRT IS TO REFUND YOU THE COST OF ONE-MONTH’S PAYMENT FOR MEMBERSHIP TO WWW.ABOLISHDARKNESS.COM.

CANCELLATION OF YOUR MEMBERSHIP TO WWW.ABOLISHDARKNESS.COM
YOU MAY CANCEL YOUR MEMBERSHIP ANY TIME BY USING THE MEMBER LOGIN LINK AT WWW.ABOLISHDARKNESS.COM AND FOLLOWING THE PROCESS FOR CANCELLATION AVAILABLE AT THAT LINK. YOUR CANCELLATION WILL BE APPLIED PROMPTLY AFTER REQUESTED BY YOU, HOWEVER, YOU ACKNOWLEDGE THAT IF YOUR CANCELLATION IS PROCESS AFTER THE PAYMENT PROCESS HAS BEEN INITIATED BY DARK TO LIGHT PATRIOT APPAREL (EVEN IF AT THAT TIME YOUR PAYMENT METHOD HAS NOT YET BEEN CHARGED) YOUR TERMINATION WILL APPLY TO THE NEXT PAYMENT. ONCE YOU HAVE CANCELLED YOUR MEMBERSHIP YOU WILL NOT BE ENTITLED TO RECEIVE ANY FURTHER T-SHIRTS (UNLESS PAYMENT AND FULFILLMENT OF A T-SHIRT IS IN PROCESS IN WHICH CASE SUCH T-SHIRT SHALL BE SENT).

LICENSE TO USE WWW.ABOLISHDARKNESS.COM
DARK TO LIGHT PATRIOT APPAREL GRANTS TO YOU, SUBJECT TO YOUR ACCEPTANCE OF THIS AGREEMENT, A NON-EXCLUSIVE, PERSONAL, NON-TRANSFERABLE, REVOCABLE AND LIMITED LICENSE TO USE AND DISPLAY THE WEBSITE AND THE CONTENT CONTAINED THEREIN FOR YOUR PERSONAL NON-COMMERCIAL USE. YOU AGREE THAT THE FOREGOING LICENSE APPLIES ONLY IN JURISDICTIONS WHERE USE OF WWW.ABOLISHDARKNESS.COM IS LAWFUL UNDER THE LAWS, RULES AND REGULATIONS OF THE JURISDICTION FROM WHERE YOU ELECT TO USE WWW.ABOLISHDARKNESS.COM, AND IT SHALL BE YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU MAY LAWFULLY USE WWW.ABOLISHDARKNESS.COM FROM THE JURISDICTION IN WHICH YOU MAY BE LOCATED AT THE TIME YOU ELECT TO USE WWW.ABOLISHDARKNESS.COM. ALL RIGHTS IN AND TO WWW.ABOLISHDARKNESS.COM NOT EXPRESSLY GRANTED UNDER THE AFOREMENTIONED LICENSE ARE EXPRESSLY RESERVED BY DARK TO LIGHT PATRIOT APPAREL. YOU REPRESENT THAT YOU ARE 18 YEARS OLD OR OLDER. YOUR USE OF WWW.ABOLISHDARKNESS.COM IS CONDITIONED UPON YOUR COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOUR COMPLIANCE WITH ALL LAWS APPLICABLE TO YOUR USE OF WWW.ABOLISHDARKNESS.COM IN THE JURISDICTION IN WHICH YOU RESIDE. DARK TO LIGHT PATRIOT APPAREL RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO WWW.ABOLISHDARKNESS.COM WITHOUT NOTICE IF YOU VIOLATE ANY TERMS OF THIS AGREEMENT.

CHANGES TO THIS AGREEMENT
DARK TO LIGHT PATRIOT APPAREL RESERVES THE RIGHT TO CHANGE THIS AGREEMENT IN ANY WAY AND AT ANY TIME BY PROVIDING NOTICE OF SUCH CHANGE TO YOU USING ONE OF THE MEANS OF CONTACTING YOU PROVIDED BY YOU IF YOU ARE A REGISTERED MEMBER OF WWW.ABOLISHDARKNESS.COM OR BY POSTING THE UPDATED TERMS IF YOU ARE JUST A VISITOR TO THE WWW.ABOLISHDARKNESS.COM WEBSITE. HOWEVER, NO AMENDMENT TO THIS AGREEMENT SHALL APPLY TO A DISPUTE OF WHICH DARK TO LIGHT APPAREL HAD ACTUAL NOTICE ON THE DATE OF AMENDMENT. YOU AGREE THAT YOU WILL: (X) PERIODICALLY CHECK WWW.ABOLISHDARKNESS.COM FOR UPDATES TO THIS AGREEMENT, AND/OR (Y) YOU WILL READ THE MESSAGES WE SEND YOU TO INFORM YOU OF ANY CHANGES. YOU AGREE THAT YOU WILL BE DEEMED TO HAVE BEEN GIVEN NOTICE OF ANY MODIFICATIONS ONCE WE POST THEM TO WWW.ABOLISHDARKNESS.COM AND THAT YOUR CONTINUED MEMBERSHIP TO WWW.ABOLISHDARKNESS.COM OR YOUR VISIT WWW.ABOLISHDARKNESS.COM WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED AN ACCEPTANCE OF ANY CHANGES TO THIS AGREEMENT. DARK TO LIGHT PATRIOT APPAREL RESERVES THE RIGHT TO ADD, CHANGE OR DISCONTINUE SOME OR ALL OF THE FEATURES AND FUNCTIONALITY AVAILABLE THROUGH THE WWW.ABOLISHDARKNESS.COM WEBSITE OR TO CHANGE THE CONTENT OF WWW.ABOLISHDARKNESS.COM IN ANY WAY AND AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, WITHOUT LIABILITY TO YOU.

INTELLECTUAL PROPERTY
ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO WWW.ABOLISHDARKNESS.COM ARE EITHER OWNED OR CONTROLLED BY, OR LICENSED TO, DARK TO LIGHT PATRIOT APPAREL AND ARE PROTECTED BY LAW FROM UNAUTHORIZED USE. THE ENTIRE CONTENTS OF THE WWW.ABOLISHDARKNESS.COM WEBSITE ARE COPYRIGHTED UNDER THE UNITED STATES COPYRIGHT LAWS AND SIMILAR LAWS OF OTHER JURISDICTIONS. “WWW.ABOLISHDARKNESS.COM” AND THE LOGOS OF DARK TO LIGHT PATRIOT APPAREL ARE TRADEMARKS AND/OR SERVICE MARKS OF DARK TO LIGHT PATRIOT APPAREL AND MAY NOT BE USED WITHOUT THE EXPRESS WRITTEN PERMISSION OF DARK TO LIGHT PATRIOT APPAREL. YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN OR TO WWW.ABOLISHDARKNESS.COM BY USING THE WWW.ABOLISHDARKNESS.COM BAR WEBSITE. YOU AGREE NOT TO COPY, REDISTRIBUTE, PUBLISH OR OTHERWISE EXPLOIT MATERIAL FROM WWW.ABOLISHDARKNESS.COM WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF DARK TO LIGHT PATRIOT APPAREL. YOU AGREE THAT ANY COMMENTS, FEEDBACK, SUGGESTIONS, IDEAS, AND OTHER SUBMISSIONS YOU MAY DISCLOSE, SUBMIT, OR OFFER TO DARK TO LIGHT PATRIOT APPAREL IN CONNECTION WITH THE USE OF WWW.ABOLISHDARKNESS.COM MAY BE USED FREELY BY DARK TO LIGHT PATRIOT APPAREL WITHOUT PAYMENT OF ANY ROYALTY OR OTHER FEE TO YOU OR ANY OTHER PERSON OR ENTITY.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
5.1 DARK TO LIGHT PATRIOT APPAREL RESPECTS YOUR PRIVACY. PLEASE SEE DARK TO LIGHT PATRIOT APPAREL’S PRIVACY POLICY FOR MORE INFORMATION ON THE COLLECTION AND USE OF YOUR INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT THIS PRIVACY POLICY, INCLUDING, BUT NOT LIMITED TO, THE MANNER IN WHICH DARK TO LIGHT PATRIOT APPAREL COLLECTS, USES AND DISCLOSES YOUR PERSONALLY IDENTIFIABLE INFORMATION, IS INCORPORATED AND MADE PART OF THIS AGREEMENT. IF YOU DO NOT AGREE TO EACH AND EVERY PART OF DARK TO LIGHT PATRIOT APPAREL’S COLLECTION AND USE OF INFORMATION AS DESCRIBED IN DARK TO LIGHT PATRIOT APPAREL’S PRIVACY POLICY, THEN YOU SHOULD NOT USE WWW.ABOLISHDARKNESS.COM OR ACCESS WWW.ABOLISHDARKNESS.COM. QUESTIONS REGARDING PRIVACY ISSUES SHOULD BE DIRECTED TO TECHNICALSUPPORT@ABOLISHDARKNESS.COM

DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
YOU AGREE THAT WWW.ABOLISHDARKNESS.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE EXTENT SUCH DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS, OR, IN ANY CASE WHERE SUCH DISCLAIMER IS PROHIBITED, THEN SUCH IMPLIED WARRANTY SHALL BE FOR A TERM OF THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, WWW.ABOLISHDARKNESS.COM UNDER ANY CAUSE OF ACTION WHATSOEVER IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT. DARK TO LIGHT PATRIOT APPAREL AND ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “DARK TO LIGHT PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, WWW.ABOLISHDARKNESS.COM.

UNDER NO CIRCUMSTANCES WILL THE DARK TO LIGHT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DARK TO LIGHT PATRIOT APPAREL IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU AGREE THAT EACH AND EVERY LIMITATION AND DISCLAIMER SET FORTH ABOVE IS A MATERIAL RISK ALLOCATION FOR DARK TO LIGHT PATRIOT APPAREL LTD WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR YOUR AGREEMENT TO SUCH LIMITATIONS AND DISCLAIMERS.

GOVERNING LAW/WAIVER OF INJUNCTIVE RELIEF; ARBITRATION
THIS AGREEMENT AND ALL ASPECTS OF WWW.ABOLISHDARKNESS.COM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES AND THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, REGARDLESS OF YOUR LOCATION. ANY ADOPTION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AND THE INTERNATIONAL SALES OF GOODS ACT IN ANY JURISDICTION ARE EXPRESSLY AGREED TO BE INAPPLICABLE TO THIS AGREEMENT. WITH RESPECT TO ANY DISPUTES OR CLAIMS NOT SUBJECT TO INFORMAL DISPUTE RESOLUTION OR ARBITRATION (AS SET FORTH BELOW), YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY ACTION IN CONNECTION THEREWITH OTHER THAN IN THE STATE AND FEDERAL COURTS LOCATED IN JEFFERSON COUNTY IN THE STATE OF COLORADO, UNITED STATES OF AMERICA, AND YOU HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO, VENUE AND JURISDICTION IN THE STATE AND FEDERAL COURTS LOCATED IN JEFFERSON COUNTY, COLORADO.

TO EXPEDITE RESOLUTION AND CONTROL THE COST OF ANY DISPUTE, CONTROVERSY OR CLAIM YOU MAY HAVE RELATED TO THIS AGREEMENT (“DISPUTE”), YOU AND DATK TO LIGHT PATRIOT APPAREL AGREE TO FIRST ATTEMPT TO NEGOTIATE ANY DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY PROVIDED BELOW) INFORMALLY FOR AT LEAST THIRTY (30) DAYS BEFORE INITIATING ANY ARBITRATION OR COURT PROCEEDING. SUCH INFORMAL NEGOTIATIONS COMMENCE UPON WRITTEN NOTICE FROM YOU TO DARK TO LIGHT PATRIOT APPAREL. YOU WILL SEND YOUR NOTICE BY CERTIFIED MAIL TO 32258 STENZEL DRIVE CONIFER, COLORADO 80433, ATTENTION: DISPUTE RESOLUTION.

YOU AND DARK TO LIGHT PATRIOT APPAREL AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED BY THE PARTIES THEMSELVES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION. EMPLOYING THE RULES FOR THE RESOLUTION OF COMMERCIAL DISPUTES. THE RULING OF SUCH ARBITRATOR SHALL BE FINAL AND BINDING, AND THE ARBITRATOR SHALL BE ENTITLED TO ASSIGN PAYMENT OF THE FEES OF SUCH ARBITRATION TO THE PARTY LOSING SUCH PROCEEDING. ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN DARK TO LIGHT PATRIOT APPAREL AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

YOU AND DARK TO LIGHT PATRIOT APPAREL AGREE THAT THE FOLLOWING DISPUTES ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING INFORMAL NEGOTIATIONS AND BINDING ARBITRATION: (A) ANY DISPUTES SEEKING TO ENFORCE OR PROTECT, OR CONCERNING THE VALIDITY OF, ANY OF YOUR OR DARK TO LIGHT PATRIOT APPAREL’S INTELLECTUAL PROPERTY RIGHTS; (B) ANY DISPUTE RELATED TO, OR ARISING FROM, ALLEGATIONS OF THEFT, PIRACY, INVASION OF PRIVACY OR UNAUTHORIZED USE; AND (C) ANY CLAIM FOR INJUNCTIVE RELIEF.

MISCELLANEOUS
THE FAILURE OF DARK TO LIGHT PATRIOT APPAREL TO REQUIRE OR ENFORCE STRICT PERFORMANCE BY YOU OF ANY PROVISION OF THIS AGREEMENT OR TO EXERCISE ANY RIGHT UNDER THEM SHALL NOT BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF DARK TO LIGHT PATRIOT APPAREL’S RIGHT TO ASSERT OR RELY UPON ANY SUCH PROVISION OR RIGHT IN THAT OR ANY OTHER INSTANCE. YOU AND DARK TO LIGHT PATRIOT APPAREL AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND ILLEGAL OR UNENFORCEABLE, IN WHOLE OR IN PART BY ANY ARBITRAL PANEL OR COURT OF COMPETENT JURISDICTION, SUCH PROVISION SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE TO THE EXTENT OF SUCH DETERMINATION OF INVALIDITY OR UNENFORCEABILITY WITHOUT AFFECTING THE VALIDITY OR ENFORCEABILITY THEREOF IN ANY OTHER MANNER OR JURISDICTION AND WITHOUT AFFECTING THE REMAINING PROVISIONS OF THIS AGREEMENT, WHICH SHALL CONTINUE TO BE IN FULL FORCE AND EFFECT. DARK TO LIGHT PATRIOT APPAREL OPERATES AND CONTROLS WWW.ABOLISHDARKNESS.COM FROM ITS OFFICES IN THE UNITED STATES. DARK TO LIGHT PATRIOT APPAREL MAKES NO REPRESENTATION THAT WWW.ABOLISHDARKNESS.COM IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THE INFORMATION PROVIDED ON WWW.ABOLISHDARKNESS.COM IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW, RULE OR REGULATION OR WHICH WOULD SUBJECT DARK TO LIGHT PATRIOT APPAREL TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION. ACCORDINGLY, THOSE PERSONS WHO CHOOSE TO ACCESS WWW.ABOLISHDARKNESS.COM FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, RULES AND REGULATIONS IF AND TO THE EXTENT SUCH LOCAL LAWS, RULES AND/OR REGULATIONS ARE APPLICABLE. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE WILL ACT TO MODIFY THIS AGREEMENT TO ANY PARTY AT ANY TIME WITHOUT ANY NOTICE TO YOU. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT DARK TO LIGHT PATRIOT APPAREL PRIOR WRITTEN CONSENT, AND ANY SUCH PURPORTED ASSIGNMENT WITHOUT SUCH PERMISSION IS HEREBY DEEMED VOID AND OF NO FORCE OR EFFECT. THIS AGREEMENT CONTAIN THE ENTIRE UNDERSTANDING OF YOU AND DARK TO LIGHT PATRIOT APPAREL RELATING TO WWW.ABOLISHDARKNESS.COM, AND SUPERSEDE ALL PRIOR UNDERSTANDINGS OF THE PARTIES HERETO RELATING TO THE SUBJECT MATTER HEREOF, AND CANNOT BE CHANGED OR MODIFIED BY YOU EXCEPT AS POSTED ON THE WWW.ABOLISHDARKNESS.COM BY DARK TO LIGHT PATRIOT APPAREL. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THIS AGREEMENT WILL BE DEEMED CURTAILED TO THE EXTENT NECESSARY TO MAKE IT LEGAL AND ENFORCEABLE AND WILL REMAIN, AS MODIFIED, IN FULL FORCE AND EFFECT. NO WAIVER BY EITHER PARTY OF ANY BREACH OR DEFAULT HEREUNDER SHALL BE DEEMED TO BE A WAIVER OF ANY PRECEDING OR SUBSEQUENT BREACH OR DEFAULT. THE SECTION HEADINGS USED HEREIN ARE FOR CONVENIENCE ONLY AND SHALL NOT BE GIVEN ANY LEGAL IMPORT. YOU AGREE THAT THIS AGREEMENT WILL NOT BE CONSTRUED AGAINST DARK TO LIGHT PATRIOT APPAREL BY VIRTUE OF HAVING DRAFTED THEM. YOU HEREBY WAIVE ANY AND ALL DEFENSES YOU MAY HAVE BASED ON THE ELECTRONIC FORM OF THIS AGREEMENT AND THE LACK OF SIGNING BY THE PARTIES HERETO TO EXECUTE THIS AGREEMENT.

 

 

STATUTE OF LIMITATIONS
YOU AND DARK TO LIGHT PATRIOT APPAREL BOTH AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF WWW.ABOLISHDARKNESS.COM, THIS AGREEMENT OR PRIVACY POLICY MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

PRIVACY POLICY

Effective Date: August 18, 2022

Dark to Light Patriot Apparel is sometimes referred to in this Privacy Policy as “we,” “us” and “our”. Your privacy is important to us and this Privacy Policy describes how we collect, use and share your personally-identifying information when you use the WWW.ABOLISHDARKNESS.COM (as defined in the Agreement constituting our Terms of Service). Capitalized terms used but not defined in this Privacy Policy shall have the meaning given such terms in the Terms of Service. This Privacy Policy explains how we collect, use and, in certain circumstances, share your personally identifying information. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us.

By using WWW.ABOLISHDARKNESS.COM, you consent to the collection and use of your personal information as outlined in this Privacy Policy, as such policy may be amended from time to time. This Privacy Policy discloses our collection and use of many types of information, but governs only information that we collect in a manner that it is personally identified to you. We may update the Privacy Policy and change how we collect, use and share personally-identifying information to suit changes in the WWW.ABOLISHDARKNESS.COM website and the corresponding Dark to Light Patriot Apparel business, and if we do, we will post a notice that changes have been made on the website WWW.ABOLISHDARKNESS.COM and through the corresponding links that may be available through WWW.ABOLISHDARKNESS.COM. You should visit this page periodically to review any changes to the Privacy Policy.

What Information We Collect
WWW.ABOLISHDARKNESS.COM collects personally-identifying information from you when you elect to register to use WWW.ABOLISHDARKNESS.COM. You may elect to not provide such personally-identifying information but in such case you may not be able to use the features and functionality of WWW.ABOLISHDARKNESS.COM requiring registration. When you join WWW.ABOLISHDARKNESS.COM, we collect and retain the information you submit, including your personal and billing information. We will collect and record the information you have provided, for among other things, identifying yourself when you use WWW.ABOLISHDARKNESS.COM, communications between us, and for billing purposes.

In addition to the information you submit, we may collect information generated during your use and interactions with the WWW.ABOLISHDARKNESS.COM. Such information may be tracked to your user identification on WWW.ABOLISHDARKNESS.COM. Such information includes but is not limited to internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time. By using WWW.ABOLISHDARKNESS.COM, you consent to our retaining all the above-described information as long as WWW.ABOLISHDARKNESS.COM sees fit. However, as noted below, WWW.ABOLISHDARKNESS.COM will not share such information except in an aggregated form in which it cannot be identified back to you.

WWW.ABOLISHDARKNESS.COM does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for WWW.ABOLISHDARKNESS.COM. If you are under 18, please do not attempt to register for WWW.ABOLISHDARKNESS.COM or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to or on WWW.ABOLISHDARKNESS.COM. In the event that we learn that we have collected personal information from a child under age 18 we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at 833-228-8411

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How WWW.ABOLISHDARKNESS.COM Uses Your Personal Information
We will not sell or rent your personally-identifying information to any third party for any marketing purpose. We may, however, use certain information about you that is not personally identifiable. And we may elect to send you information from third parties that may be of interest to you.

We use public information collected to determine how to improve the WWW.ABOLISHDARKNESS.COM. We may also use your name, email address and other information on our system to notify you of shipment information, new product releases, service notifications, and to solicit your feedback and input. Those emails will contain links for preference management and where appropriate, unsubscribe links should you decide you do not want to receive further emails.

You understand and agree that we may access, preserve, and disclose any information we may have about you and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of our affiliates or the public. WWW.ABOLISHDARKNESS.COM is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that WWW.ABOLISHDARKNESS.COM receives.

We use non-personally-identifying information and certain technical information about your computer and your access of the WWW.ABOLISHDARKNESS.COM(including your internet protocol address) in order to operate, maintain, market and manage WWW.ABOLISHDARKNESS.COM.

WWW.ABOLISHDARKNESS.COM may disclose information about you to its partners in order to provide WWW.ABOLISHDARKNESS.COM, resolve service problems and correct errors in WWW.ABOLISHDARKNESS.COM, to communicate with you about WWW.ABOLISHDARKNESS.COM, to provide you with advertising and promotional information in connection with WWW.ABOLISHDARKNESS.COM, and to enhance your experience on the WWW.ABOLISHDARKNESS.COM. However, we do not give our partners an independent right to share this information. Due to our contractual obligations with these third parties and the need to share information to deliver and support the WWW.ABOLISHDARKNESS.COM, we cannot provide you with the opportunity to opt-out of sharing information (whether personally-identifying information or other information) with these third parties other than by you choosing to not join the WWW.ABOLISHDARKNESS.COM.

You may terminate your account at any time.  WWW.ABOLISHDARKNESS.COM, however, may (but is not obligated to) keep information about you that is on its system following your termination.

Transfer of Information
We reserve the right to transfer your personal information in the event of a transfer of ownership of WWW.ABOLISHDARKNESS.COM or the acquisition of substantially all the assets of OPERATION ABOLISH DARKNESS Club related to the business which collected such information, such as acquisition by or merger with another company. In such an event, WWW.ABOLISHDARKNESS.COM will notify users who have provided email addresses when information about those users is transferred and becomes subject to a different privacy policy.

Information of Other Persons
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