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terms of use

Welcome to Wear Pact LLC’s (“Wear Pact”) website (the “Site”). These Terms of Use (“Terms”) govern your use of the Site. Please read the terms in full before using our Site. By accepting these Terms or by accessing the Site, you are agreeing to be bound by these Terms of Use (“Terms”) and any underlying agreements or terms. Wear Pact reserves the right to update or modify these Terms at any time without notice. If you do not agree to these Terms, please do not use or access this Site. We do occasionally update these terms so please refer to them in the future.
Access to Site

You will be able to access our Site without having to register any details with us. However, in order to transact on our Site you will need to register certain details with us. Please review our Privacy Policy to learn more about the information we collect and process about you.

Order Transactions

Wear Pact may refuse any order you place with us. We may limit or cancel quantities on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number associated with the order. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

Payment Terms

Wear Pact proudly accepts credit card and debit card purchases from the following: Visa, Mastercard, American Express & Discover. We do not process or store your payment information. Our third-party services provider(s) will process your payments. Please see our Privacy Policy for more information.

Site Contents

Our Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided, and the collection and compilation and assembly thereof are the exclusive property of Wear Pact or its parent, and are protected by U.S. and international copyright laws.

The contents of our Site may be used for personal, non-commercial purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Wear Pact has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Site.

Unless otherwise noted, the Site, all materials on the Site, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Wear Pact The Site and the Contents are intended solely for personal, non-commercial use. You may temporarily download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, sell or exploit in any way any of the Contents or the Site.

Wear Pact welcomes user comments. If you send creative ideas, suggestions, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Wear Pact may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to Wear Pact. Wear Pact is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We reserve the right to monitor, edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way harm or otherwise affect the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Wear Pact or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Wear Pact takes no responsibility and assumes no liability for any Comments posted by you or any third party.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error free.

By submitting a telephone number to Wear Pact you agree that a representative of Wear Pact can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.

Site Uptime

We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using our Site, you shall not post or send to or from either the Site:

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

Links to and from Third Party Websites

Any links furnished on our Site may allow you to leave our Site. These third party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Site Changes

We reserve the right to: change, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; and/or offer promotions to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any change, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Product Information

All products displayed on the Site are available exclusively at the Site. The prices displayed on the Site are quoted in U.S. Dollars. These products may have limited quantities.

Colors

We make every effort to display the colors of our products that appear on the Site as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will be accurate.

Errors, Inaccuracies, and/or Omissions

At times, there may be information on our Site containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, offers, and/or availability. We may, at any time and without prior notice, correct any errors, inaccuracies and/or omissions, change or update information, or cancel orders if any information on the Site is inaccurate.

Links to Third Party Sites

The Site may contain links to other Web sites that are not under the control of Wear Pact. Wear Pact has no responsibility for the linked Websites nor does linking constitute an endorsement of any linked website.

Submission of Personal Information

Your submission of personal information to Wear Pact whether through the Site, phone, postal mail, or otherwise is governed by our Privacy Policy.

Mobile Terms of Service

The Pact mobile message service (the "Service") is operated by Wear Pact LLC (“Pact”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Pact’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Pact through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Pact. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 68946 or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Pact mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 68946 or customerservice@wearpact.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Disclaimer

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as a personal, non-commercial resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Wear Pact DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE OR SERVICE.

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Applicable Law

We make no representations that the content or the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created and controlled under the state of Delaware, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the state of Delaware and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

Choice of Law

This Agreement shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

Arbitration and Class Action Waiver

Any dispute, claim or controversy arising out of or relating to these Terms of Use or our Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware before one arbitrator. All disputes, including the arbitrability of any issue or dispute, shall be decided by the arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Wear Pact shall bear arbitration-related fees and expenses, including the fees of the arbitrator and JAMS’ administrative fees, but not your attorney’s fees. The language to be used in the arbitral proceedings will be English. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Wear Pact and you waive any right to join or consolidate disputes by or against others as a representative or member of a class, to obtain relief in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to this section is found to be illegal or unenforceable, then such provision shall be severed from the arbitration clause (“Arbitration”), but the rest of the arbitration clause shall remain enforceable and in full effect.

Wear Pact or you each can exercise any lawful rights or use other available remedies to:

The substance of any disputes where public injunctive relief is available shall be decided by the arbitrator. Only if the claimant succeeds on its claim permitting the remedy of a public injunction may such claimant request that a court of competent jurisdiction enter an injunction in conformity with the arbitral award.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Termination

These terms are effective unless and until terminated by either you or Wear Pact. You may terminate this Agreement at any time. Wear Pact also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

Wear Pact LLC
2045 Broadway, Suite 100
Boulder, CO 80302
1-800-662-7228
info@wearpact.com

Effective Date: July 3, 2025