Website Usage Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Welcome to All Seasons Uniforms ('All Seasons Uniforms, Inc.'), where we and our affiliates provide information, goods and services to you subject to the following conditions. If you visit, download information or shop at AllSeasonsUniforms.com (hereinafter referred to as 'Site'), you accept these conditions. Please read them carefully. By using this website located at AllSeasonsUniforms.com ("Site"), you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with the terms and conditions of using this Site Use Agreement, please do not use this site. We reserve the right to, as determined in our discretion, update or revise any terms or conditions herein at anytime. Please check the Site Use Agreement periodically for changes.

SITE ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. AllSeasonsUniforms.com sells goods and services to adults who can purchase with a credit card or other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a parent or guardian. AllSeasonsUniforms.com and its affiliates reserve the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PRIVACY

As mentioned in All Seasons Uniforms, Inc.’s Privacy Policy, All Seasons Uniforms, Inc. uses tracking software, including a Facebook or Meta Pixel. By agreeing to this Privacy Policy, you consent to the past, present, and future use of this and/or similar such tracking software and, to the extent applicable, additionally agree and consent to, and waive any legal claims, damages, and/or causes of action relating to or arising from, All Seasons Uniforms, Inc.’s use of this and/or similar such tracking software that may have occurred prior to you creating an account on the Site.

ELECTRONIC COMMUNICATIONS

When you visit the AllSeasonsUniforms.com Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without limitation.

LICENSE AND SITE ACCESS

Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of All Seasons Uniforms, Inc.. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of All Seasons Uniforms, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing the AllSeasonsUniforms.com name or derivative names or marks, without the express written consent of All Seasons Uniforms, Inc. Any unauthorized Site use terminates the permission or license granted by All Seasons Uniforms, Inc. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to AllSeasonsUniforms.com, so long as the link does not portray AllSeasonsUniforms.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AllSeasonsUniforms.com logo or other proprietary graphic or trademark as part of the link without our express written permission.

RESTRICTIONS ON USE OF MATERIALS

This Site is owned and operated by All Seasons Uniforms, Inc. (hereinafter referred to as "All Seasons Uniforms", "ASU", "we," "us," or "our" herein). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by All Seasons Uniforms. No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of All Seasons Uniforms, Inc. copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to All Seasons Uniforms. In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement. All Seasons Uniforms reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. All Seasons Uniforms, Inc. retains full and complete title to the Software, and all intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of All Seasons Uniforms, as evidenced by the signature authority of a duly authorized corporate officer.

PRODUCT DESCRIPTIONS

AllSeasonsUniforms.com and its affiliates attempt to be as accurate as possible. However, AllSeasonsUniforms.com does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by AllSeasonsUniforms.com itself is not as described, your sole remedy is to return it and its packaging in unused condition.

DISCLAIMER AND LIMITATION OF LIABILITY

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL SEASONS UNIFORMS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. ALL SEASONS UNIFORMS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL SEASONS UNIFORMS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT ALL SEASONS UNIFORMS, INC.), WILL ASSUME THE ENTIRE COST OF ALL RESULTING NECESSARY SERVICING, REPAIR, OR CORRECTION, IF ANY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

In no event will All Seasons Uniforms, Inc. be liable to any party, for any direct, indirect, special, incidental or consequential damages for any losses associated with use of the Site, or the textual information, images, data, files, software or materials found within, including, without limitation, any lost profits, business interruption, loss of programs or other data, even if All Seasons Uniforms, Inc. is expressly advised of the possibility of such damages.

RISK OF LOSS

All items purchased from or through All Seasons Uniforms or related online communication venues are made pursuant to a third party shipment contract whereby we provide services for the delivery of your items. This means that the risk of loss and title for such items pass to you upon our delivery of your goods to the shipping carrier. To the extent you receive goods or services from AllSeasonsUniforms.com, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, All Seasons Uniforms, Inc., in it's sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, should you receive until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from All Seasons Uniforms, Inc., of whatever kind or nature.

COPYRIGHT AND TRADEMARK PROTECTION

All content included on the Site , such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of All Seasons Uniforms, Inc., (or its suppliers), and are protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of All Seasons Uniforms, Inc. and protected by U.S. and international copyright laws. In addition to the copyright protection rights afforded under Federal law, All Seasons Uniforms, Inc., together with its affiliate companies, successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, All Seasons Uniforms, pursuant to Federal Trademark Application Serial Numbers 77177632 and 77177879, and such other applications as submitted hereafter. This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of All Seasons Uniforms, Inc. or it's affiliates, as applicable, which shall not be used in any manner or form without the express written consent of All Seasons Uniforms, Inc.

DISPUTE RESOLUTION AND ARBITRATION

This Dispute Resolution and Arbitration Provision (the “Dispute Provision”) is meant to allow for efficient resolution of any disputes that may arise between you and All Seasons Uniforms, Inc. Arbitration is a form of private dispute resolution where people who have a dispute waive their right to file a lawsuit or have their dispute decided by a jury. Instead, they have their disputes decided by a neutral third party (an arbitrator) for a binding decision. By agreeing to these Terms and Conditions and using the Site, you are giving up your opportunity to be heard by a judge or jury.

Governing Law

These Terms and Conditions and all disputes and other matters arising out of, or otherwise relating to, them (the “Disputes”) shall be governed by the laws of the United States and the state of Illinois, without regard to any conflict of law principles. This means the laws of any U.S. state or territory other than Illinois, or any country other than the United States, do not apply to such disputes.

Any and all Disputes, without exception, must be resolved in McHenry County, Illinois. The parties agree that all actions or proceedings arising in connection with the Disputes shall be brought exclusively in McHenry County, Illinois. For any litigation permitted under these Terms and Conditions, the parties agree to exclusive jurisdiction and venue in, and only in, McHenry County, Illinois. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to the Disputes in a jurisdiction other than McHenry County, Illinois. The parties waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this Dispute Provision. The parties stipulate that the courts in McHenry County, Illinois shall have personal jurisdiction over them regarding any Disputes not subject to arbitration. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any Dispute.

Mediation Required

If you have a dispute with All Seasons Uniforms, Inc. arising out of or otherwise relating to this Agreement or the use of the Site or the goods sold through the Site (“Arbitral Claims”), you must enter into mediation with us in good faith to attempt to resolve the dispute. This mediation with us is mandatory. If the event that you decline to attempt to mediate with us, you irrevocably waive any and all Arbitral Claims against us and without any recourse whatsoever until you mediate with us. The mediation shall be conducted in McHenry County, Illinois and conducted by either a former state court judge or a lawyer mutually agreed upon by the parties. The mediator may not be affiliated with the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services, Inc. (“JAMS”).

Arbitration

If you are unable to resolve the dispute with us through mediation, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing provisions of the Illinois Uniform Arbitration Act, codified at 710 ILCS 5. The submitting party is responsible for payment of all filing fees, or reimbursement of such fees to the respondent. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief.

The arbitration shall be confidential. The arbitration shall be conducted in McHenry County, Illinois and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes, who shall be either a former state court judge or a mutually agreeable lawyer. The parties shall either agree upon the arbitrator or, if they are unable to do so, they may each choose an arbitrator, neither of whom may be affiliated with AAA or JAMS. These two arbitrators shall then choose a chief arbitrator, thus constituting a panel of three arbitrators, without any consultation with or input from the parties. The parties agree that any arbitration filed under either AAA or JAMS is immediately vacatable, unenforceable, and non-confirmable.

The arbitrators shall be willing to execute an oath of neutrality. The arbitrators shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by all parties to the arbitration. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

The parties shall each be responsible for paying one half of the fees charged by the arbitrators. If there is any legal reason that this splitting of fees is not permitted, then All Seasons Uniforms, Inc. will pay the arbitrator’s fees if the arbitration is conducted by a single arbitrator. If the parties cannot agree on a single arbitrator and choose a panel of three arbitrators, then each party will pay the fees of the arbitrator they choose, as well as one half of the fees of the lead arbitrator.

Class Action Waiver

You hereby waive any right or ability to initiate or participate in any class action or collective proceeding regarding any Dispute with All Seasons Uniforms, Inc.

Limitations Period

The parties agree that any Dispute one party may have with the other party must be commenced, whether through litigation (if permitted) or arbitration, no later than 365 days after the events first giving rise to the Dispute occur. This limitation period applies to all claims or causes of action the parties may assert, regardless of whether a state or federal law allows more time to bring the claim or cause of action.