TEXT TERMS

Apocau Clothing LLC. US

TEXT TERMS

Updated: March 2022

By texting the keyword to the given short code, or by signing up through our website, You are consenting to receive text messages that may be sent via an automatic telephone dialing system to the mobile number provided from Apocau Clothing LLC., its affiliates or its successors through our brand Inherit Glory. You understand that You are not required to provide Your consent as a condition of purchasing any goods or services.

Your consent to receive text messages (including shipping alert text messages, which come from a ten-digit phone number) from Apocau Clothing LLC., as well as our other brands, is subject to these Text Terms, including the Dispute Resolution provisions found below, and also is subject to the Privacy Policy at the link below (collectively referred to herein as the "Agreement").

 

You agree that when You consent to receive text messages from any of our text message programs, You will receive confirmatory opt-in text messages from the respective program. You agree to receive opt-out texts from any of our programs if You subsequently reply STOP to any text messages You receive, or if You unsubscribe through the shipment tracking website. For help related to any text message program, reply HELP to any text message received. You agree that when You initiate a text message to any of our text message programs, You may receive related text messages in reply. You may opt-out of receiving text messages at any time by replying STOP to any text messages You receive. Also, You can opt-out of shipping alert messages by unsubscribing through the shipment tracking website. You agree that these opt-out instructions, and/or any opt-out instructions in the Privacy Policy, provide the exclusive means of revoking Your consent to receive text messages.

Message and Data Rates May Apply.

Please consult Your service agreement with Your wireless carrier to determine Your phone's pricing plan. This program may not be available on all wireless carriers. The carriers supported by this program are AT&T, Boost Mobile, Sprint, T-Mobile, U.S. Cellular, and Verizon, but Apocau Clothing LLC. may add or remove any wireless carrier from this program without notice.

You warrant that You have provided your accurate mobile telephone number to Apocau Clothing LLC. and that You have authority to consent to receive text messages at that number. Before changing, deactivating, or relinquishing Your mobile phone number, You agree that You will opt-out of Apocau Clothing LLC. text message programs, or text message programs offered by our other brands which You may have signed up to receive. Failure to do so constitutes a material breach of these Text Terms.

For customer service related to Apocau Clothing LLC. text message programs, please contact us via email info@inheritglory.com.

 

Review our Privacy Policy.

 

You agree that Apocau Clothing LLC. may change these Text Terms from time to time, through updating the online version of these Text Terms. Should there be a material change to these Text Terms, Apocau Clothing LLC. will provide notice of such change via text messaging.

DISPUTE RESOLUTION

Please read this section carefully — it may significantly affect Your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.

  1. Informal Dispute Resolution Process.
  • Should You and Apocau Clothing LLC. have a Dispute (as defined below), the parties agree that they will make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding in arbitration, small claims court, or otherwise. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
  • In connection with any Dispute with Apocau Clothing LLC., You must first send Your name, address, telephone number, email address, sufficient information for Apocau Clothing LLC. to identify any transaction at issue; and a detailed description of and explanation for (1) Your Dispute; (2) the nature and basis of Your claim; and (3) the nature, basis, and calculation of the relief sought by email to info@inheritglory.com or by mail to United States Corp Agent Inc, 9900 Spectrum Drive, Austin TX 78717 Attention: Apocau Clothing LLC. You agree that You will provide any follow-up information requested by Apocau Clothing LLC. in order to meaningfully engage in this process. You and Apocau Clothing LLC. agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference upon Apocau Clothing LLC.'s request. You must personally appear at and participate in this individualized telephone conference, which will be held at a time convenient for You. If You are represented by counsel, Your counsel may also participate.
  • This process should lead to the resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the information required above, which can be extended by agreement of the parties, You and Apocau Clothing LLC. agree to the further dispute resolution provisions below.
  • Mutual Arbitration Provision.
    • Any Dispute between You and Apocau Clothing LLC. that is not resolved as set forth above shall be resolved through individual arbitration or small claims court. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
  • Definitions.
    • This arbitration provision shall be interpreted broadly. "Dispute" means any claim or controversy between You and Apocau Clothing LLC., including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this or any Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. "Dispute" does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision. For purposes of the Dispute Resolution section, "Apocau Clothing LLC." means Apocau Clothing LLC., and any of their predecessors, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.
  • Right to Have Claims Heard in Small Claims Court.
    • Notwithstanding anything in this arbitration provision to the contrary, either You or Apocau Clothing LLC. may elect to have a claim heard in small claims court seeking only individualized relief so long as (1) the amount claimed is within the jurisdiction of that court and (2) the action remains in that court and is not removed or appealed to a court of general jurisdiction.
  • Right to Enjoin Intellectual Property Misuse.
    • Notwithstanding anything in this arbitration provision to the contrary, Apocau Clothing LLC. may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
  • Right to Reject Future Changes to this Arbitration Provision.
    • You may reject future changes to this arbitration provision by sending Apocau Clothing LLC. written notice by certified mail postmarked no later than thirty (30) days after Your first receipt of notice of the change to United States Corp Agent Inc, 9900 Spectrum Drive, Austin TX 78717Attention: Apocau Clothing LLC. Your decision will not adversely affect Your relationship with or service from Apocau Clothing LLC.. If You previously notified Apocau Clothing LLC. of Your decision, You need not do so again. By rejecting any future change, You are agreeing that You will arbitrate any Dispute between us in accordance with this Agreement.
  • Procedures for Arbitration.
    • This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be heard and determined by a single arbitrator administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (collectively the "AAA Rules") as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, You and Apocau Clothing LLC. will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless You and Apocau Clothing LLC. agree otherwise, any arbitration hearing will take place in the county where You reside. The arbitrator is bound by the terms of this Agreement and will issue a reasoned written decision that explains the essential findings and conclusions.
    • If Your proceeding is designated by AAA as part of a "Multiple Consumer Case Filing," then You agree: (1) to personally appear and participate in an initial telephone conference with AAA and/or the arbitrator at Apocau Clothing LLC.'s request and at any hearing (with Your counsel if You are represented); and (2) that the adjudication of Your Dispute might await the resolution of other individual claims that are also part of this mass filing.
  • Arbitral Fees and Costs.
    • Payment of filing and other fees shall be governed by the AAA Rules. If the arbitrator finds that the proceeding itself, the substance of a claim or counterclaim, and/or the relief sought in connection with the arbitration was frivolous or was brought for an improper purpose (as measured by the standard set forth in Fed. R. Civ. P. 11(b)), either party will have the right to recover its fees and expenses, including but not limited to attorneys' fees and arbitration fees and costs. In making this determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased and whether the arbitration is part of "Multiple Consumer Case Filings" as determined by AAA.
  • Right to Attorneys' Fees and Costs.
    • You may hire an attorney to represent You. You are responsible for Your attorneys' fees and costs. You may recover them from Apocau Clothing LLC. to the same extent as in court.
  • Waiver of Jury Trials.
    • Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, You and Apocau Clothing LLC. waive the right to a jury trial to the maximum extent permitted by law.
  • Waiver of Class Actions.
    • You acknowledge and agree that, to the maximum extent permitted by law, there shall be no right or authority for any dispute to be litigated or arbitrated on a class, joint, collective, or consolidated basis or in a purported representative capacity on behalf of the general public (such as claims as a private attorney general or for public injunctive relief). Unless both You and Apocau Clothing LLC. otherwise agree in writing, the arbitrator may not consolidate more than one person's claim, and may not otherwise preside over any form of any class, joint, collective, or representative proceeding. The arbitrator may award relief (including any declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party's claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding.
    • The class action and collective relief waiver is an essential part of this arbitration provision, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither You nor Apocau Clothing LLC. is entitled to arbitration of such claim or dispute. Notwithstanding the foregoing, if a court determines that the class action and collective relief waiver is not enforceable as to a particular claim or request for relief (such as a claim for public injunctive relief) and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that the particular claim or request for relief (such as a claim for public injunctive relief) may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.
  • Survival.
    • This arbitration provision shall survive the cancellation or expiration of the Agreement.