TERMS OF USE

1. ACCEPTANCE OF TERMS

DL1961, Inc. (“DL1961”) makes the website www.dl1961.com (the “Website”) available to you subject to the following Terms of Service (“Terms”). The Terms govern your use of: (i) our Website; (ii) the services enabled via our Website (the “Services”); and (iii) all content on the Website, including, designs, graphics, text, photographs, illustrations, icons, multimedia, and other material that you see or read, and all related code (collectively, “Content”). By using and/or visiting the Website, you assent that you have read, understand, and agree to these Terms, which include, incorporate, and reference the terms and conditions of our Privacy Policy (the “Privacy Policy”). If you do not agree to abide by the Terms, then please do not use, access, or make purchases through this Website. DL1961 may, in its sole discretion, change or modify the Terms at any time, with our without prior notice. If changes are made to the Terms, they will be posted here along with the new effective date. If you continue to use this Website after any changes are posted, it means that you have agreed to the new Terms as stated. You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Website, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify DL1961 of any disclosure to, or use of, any such user names or passwords by any other individual. DL1961 will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations. In its sole discretion, DL1961 reserves the right to deny any user access to this Website - this may occur without notice and with or without reason. These Terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by DL1961.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

2. OUR SERVICES AND PRODUCTS

Our Website allows users to browse, view, and purchase various products (“Products”). We provide our Content regarding the Products for informational purposes only. We may, in our sole discretion, change, delete, update, modify or otherwise alter our Products and Content at any time without providing you notice. We may also change the pricing and availability of our Products in our sole discretion at any time without providing you notice. All photos, videos, and other images of Products on our Website are for illustrative purposes only. Actual Products may vary from the images displayed on our Website. While we make reasonable efforts to accurately display the attributes of our Products, including colors and details, we cannot guarantee that your computer or mobile device will accurately depict said colors and details. The inclusion of Products on our Website at any time does not guarantee that these Products will be available for purchase. All Orders are subject to our approval.

3. PRIVACY POLICY

Any information including personal information (e.g., your name, address, telephone number, e-mail address) and non-personal information you transmit to the Website will be used by us in accordance with our Privacy Policy, which can be found at this link

4. WEBSITE CONTENT

You acknowledge and agree that our Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and DL1961, DL1961 and/or its affiliates is the owner of all such Content. You may not reproduce, distribute, republish or retransmit the Content or materials posted at the Website without the prior written permission of DL1961. Except as expressly authorized by DL1961, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or our Content. Notwithstanding the above, you may print or download one copy of any of the Content on the Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DL1961 is prohibited. Furthermore, you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

We do not warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.

All custom graphics, icons, logos, and service names are registered trademarks, trade names, or service marks of DL1961 Premium Denim. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of DL1961.

5. LIMITED LICENSE AND WEBSITE ACCESS

We grant you a limited license to use this Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of its contents; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the contents of this Website - this includes using or directly viewing the underlying HTML or other codes from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, or transmit any of the contents of this Website (including any intellectual property) in any form or by any means - this includes, but is not limited to electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the contents of this Website; or (e) to collect any information from any other user of this Website.

6. INTERNATIONAL ACCESS

This Website may be accessed from countries outside the United States. Your orders placed through www.dl1961.com will be accepted within the allowed countries and fully processed. All information you provide will be secure on our internal servers located in the US and protected as mentioned in this privacy policy. If you access the Website from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. ORDER TERMS

7.1. Payment.

When you order a Product from our Website (“Order”), you must provide us with valid payment information, such as your credit card information (Visa, MasterCard, or any other issuer accepted by us) or your Stripe, Paypal, Apple Pay, Amazon, or Shopify account information (“Payment Provider” and “Payment Provider Account”). You agree to pay all charges listed in the checkout process when you submit an Order in accordance with the fees, charges, and billing terms in effect at the time the charge is due and payable. By providing us with your Payment Provider Account, you agree that we are authorized to immediately charge your Payment Provider Account for all charges due and payable to us in connection with your Account and that no additional notice or consent is required. Your applicable Payment Provider agreement governs your use of your Payment Provider Account, and you must refer to that agreement, and not these Terms, to determine your rights and liabilities. You agree to immediately notify us of any change in your billing address or Payment Provider Account used for payment hereunder. We may use a third-party service provider for payment services, such as credit card transaction processing, merchant settlement, and or financing. Information that you submit to us through our Website will be transmitted to and shared with these third parties, which may be located in other countries, for the purpose of fulfilling your Order, including but not limited to transaction processing and fraud protection. We reserve the right at any time to change billing methods, either immediately upon posting on our Website, or by email delivery to you. Payment value will be in US dollars unless otherwise specified on our Website.

7.2. Orders.

By submitting an Order for a Product with us you: (i) agree to purchase that Product, (ii) represent that you are an authorized user of the Payment Provider Account provided, and (iii) represent that you are of legal age to use the Payment Provider Account provided. Each Order that you submit to us constitutes an offer to purchase. If you do not receive a message from us confirming receipt of your Order, please contact our Customer Service department at hello@dl1961.com. Please note that our Order confirmation does not constitute our acceptance of your Order. Your Order has been accepted once we ship the Product(s) in your Order. When you submit your Order, we may need to verify certain information before your Order is fulfilled, such as your personal information, payment information, and creditworthiness.

7.3. Order Changes/Cancellations.

While we strive to fulfill all Orders, we reserve the right to revise or cancel any Order for any reason, including if: (i) we discover an error, inaccuracy, or omission in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment and/or shipping information, (ii) we suspect an Order has been placed using stolen payment card information or otherwise appears to be connected to fraud, unauthorized reselling or another violation of these Terms, (iii) the ordered Products are unavailable, (iv) the Order is connected with a previous payment dispute, or (v) the Order is associated with a user whom we suspect of abusing our Return Policy or of otherwise engaging in fraudulent behavior. If any Product is discontinued or otherwise becomes unavailable, we reserve the right to cancel your Order and provide you a refund for the amount paid for the Product.

7.4. Prices.

Prices and shipping costs will be displayed during the checkout process before you submit your Order. All prices and Products, even after you submit your Order, are subject to change.

8. OUR PROGRAMS

Subject to your compliance with these Terms, we may invite you to participate in the following programs:

8.1. Referral Program.

Registered Website users may be eligible for a referral credit when they share their personalized referral link and the referred customer completes his or her first DL1961 purchase. To qualify for the credit, the referred customer must click on the referrer’s unique link, create a new Account, and place an Order on our Website. Referral credit is applied to the referrer’s account once all items in the referred customer’s first Order have shipped. The credit is non-transferable. We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts if, in our sole discretion, we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the referral program. We also reserve the right to modify or suspend our referral program at any time. Your participation in the referral program is subject to all other terms set forth herein.

8.2. Other Promotions.

We reserve the right to create, modify, refuse, suspend, or revoke other promotional offers at any time.

9. THIRD PARTY SITES/INFORMATION

This Website may provide links to, or information gathered from, other sites on the Internet. DL1961 makes no representations whatsoever about these sites or this information. Other sites linked to the Website may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply DL1961's endorsement of any such sites or any association between DL1961 and these other sites’ operators. These sites are not under the control of DL1961, and you acknowledge that DL1961, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that DL1961, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Website.

10. PRIVACY AND SECURITY

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information on your device. With this, you agree to accept responsibility for all activities that occur under your account or password.

This Website has security measures in place to protect against the loss, misuse, unauthorized use, and alteration of the information under our control, however; the confidentiality of your information cannot be guaranteed by DL1961. DL1961 shall not be responsible for any harm, loss, damage, liability, cost, or expense (including attorneys' fees) that you or any third party may suffer as the result of a breach of confidentiality.

Our Website is not intended for children. DL1961 does not knowingly collect any personal information or data from children under the age of thirteen, and will dispose of any such information if we become aware that it has been provided to us. If you believe that your child under the age of 13 has submitted personal information to us in connection with our Website or Social Media Sites, please contact us at hello@dl1961.com so that we may take steps to delete this information.

11. OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

We contract with OpenBorder, Inc. together with its subsidiaries (referred to as “OpenBorder”) to sell and deliver our products to international consumers.

If your order is shipping to Australia, Austria, Barbados, Belgium, Bosnia and Herzegovina, Bulgaria, Cambodia, Canada, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Egypt, Estonia, Finland, France, Germany, Greece, Guatemala, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Maldives, Malta, Martinique, Mexico, Monaco, Netherlands, Norway, Panama, Paraguay, Philippines, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Trinidad and Tobago, United Kingdom, Uruguay, Vietnam where our international shipping is supported by OpenBorder, additional terms and conditions here may apply to you in addition to any relevant terms and conditions imposed in this Terms of Sale.

12. LINKING TO THIS WEBSITE

Creating or maintaining any link from another site to any page on this Website without the prior written permission of DL1961 is prohibited. Running or displaying this Website or any material displayed in frames or through similar means on another Website without the prior written permission of DL1961 is strictly prohibited. Any permitted links to this Website must comply with these Terms as well as all applicable laws, rules, and regulations.

13. DISCLAIMER OF WARRANTIES

The Content on the Website is for informational purposes only. ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DL1961, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DL1961, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DL1961 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATERIAL RELATING TO THE WEBSITE. DL1961, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE PURCHASE PRICE RECEIVED BY DL1961 FOR THE PRODUCT GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DL1961 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES DL1961'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold DL1961 and its respective officers, directors, employees, affiliates, parent corporations, subsidiaries, agents, successors, and assigns harmless from and against any claim or demand, including attorneys' fees, made by any third party that arise from your use or misuse of the Website, or breach of any warranty, covenant, representation or term contained in these Terms, or any alleged infringement of a third party's intellectual or proprietary rights resulting from information or materials posted on the Website by You. DL1961 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DL1961 in asserting any available defenses.

16. COPYRIGHT POLICY

DL1961 respects the intellectual property rights of others and expects visitors to the Website to do the same. DL1961 will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to DL1961 using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DL1961 reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. DL1961 may also terminate a user's account if the user is determined to be a repeat infringer. DL1961's designated copyright agent for notice of alleged copyright infringement appearing on the Website is: hello@dl1961.com.

17. INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

18. MODIFICATIONS TO PRODUCTS

DL1961 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or some or all of the Products offered through the Website, with or without notice. You agree that DL1961 shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Website or some or all of the Products offered through it.

19. JURISDICTION

This Website is operated under the supervision of DL1961 from its offices within the state of New York. If you choose to access this Website from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Website in violation of United States export controls.

These Terms shall be governed by and construed according to the laws of the state of New York, without regard to conflicts of laws principles thereof. Any claim or cause of action arising out of or relating to these Terms shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in New York, New York, and you consent to jurisdiction of such courts for the purpose of litigating such actions.

20. SEVERABILITY AND INTEGRATION

These Terms, and any agreement you enter into with DL1961 pertaining to products or services sold by DL1961, constitute the entire agreement between you and DL1961 with respect to the Website and the purchase of Products and Services through the Website, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and DL1961 with respect to the Website. If any part of these Terms or any agreement between you and DL1961 pertaining to DL1961 Products or Services is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.

21. TERMINATION

In the event you breach any provision of these Terms, or for any other reason or no reason at all, DL1961 may, in its sole discretion, terminate your access to all or part of the Website including, without limitation, your account, with or without notice.

22. CONTACT INFORMATION

If have any questions or should you need any additional information about issues relating to this Website and/or technical manual, please contact: hello@dl1961.com.