Terms Of Service

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) govern your access to and use of the website, products, services, and content provided by The Cloth LLC (“Company,” “we,” “us,” or “our”).

By accessing this website or purchasing from us, you agree to be bound by these Terms. If you do not agree, do not use this site.


2. ELIGIBILITY

You must be at least 18 years old to use this site or purchase products. By using this site, you represent that you are legally capable of entering into binding contracts.


3. PRODUCTS & DESCRIPTIONS

We strive for accuracy but:

  • We do not guarantee that product descriptions, images, colors, or specifications are error-free.

  • Colors may vary depending on device screens.

  • We reserve the right to modify, discontinue, or limit quantities of any product at any time without notice.

All products are sold “as is” and “as available.”


4. PRICING & PAYMENT

  • All prices are subject to change without notice.

  • We reserve the right to refuse or cancel any order at our sole discretion.

  • If we cancel an order after payment, your sole remedy is a refund of the amount paid.

We are not responsible for pricing errors, typographical errors, or technical malfunctions.


5. SHIPPING & DELIVERY

  • Delivery timelines are estimates only.

  • We are not liable for carrier delays, lost packages, or force majeure events.

  • Risk of loss transfers to you upon delivery to the carrier.


6. RETURNS & EXCHANGES

All returns, exchanges, or store credits are governed by our posted Return Policy.

We reserve the right to refuse returns that do not comply with our policy.


7. ASSUMPTION OF RISK

By purchasing and using our products, you acknowledge and assume all risks associated with their use.

The Cloth LLC is not responsible for:

  • Allergic reactions

  • Improper care or misuse

  • Damage caused by alteration or third-party modification

You agree to use products at your own risk.


8. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law:

All products and services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied.

We disclaim all warranties including:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy or reliability

We do not guarantee uninterrupted or error-free service.


9. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

The Cloth LLC shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages.

Our total liability for any claim arising out of or relating to your purchase or use of our products shall not exceed the amount you paid for the product in question.

This limitation applies regardless of legal theory (contract, tort, negligence, strict liability, etc.).


10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Cloth LLC, its owners, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your misuse of the site

  • Your violation of these Terms

  • Your violation of any third-party rights

  • Your negligence or misconduct


11. INTELLECTUAL PROPERTY

All content on this site, including but not limited to:

  • Logos

  • Branding

  • Product names

  • Images

  • Text

  • Graphics

is the exclusive property of The Cloth LLC and may not be used, reproduced, or distributed without written permission.


12. DISPUTE RESOLUTION & ARBITRATION (VERY IMPORTANT)

Any dispute arising out of or relating to these Terms or any purchase shall be resolved exclusively through binding arbitration.

  • Arbitration shall be conducted in the State of [Your State].

  • You waive the right to a jury trial.

  • You waive the right to participate in a class action lawsuit.

  • All claims must be brought individually.

If arbitration is deemed unenforceable, jurisdiction shall lie exclusively in the courts of Sheridan, WY.


13. CLASS ACTION WAIVER

You agree that any dispute shall be conducted solely on an individual basis and not as a class, consolidated, or representative action.


14. FORCE MAJEURE

We are not liable for failure or delay caused by events beyond our reasonable control, including but not limited to:

  • Natural disasters

  • Supply chain disruptions

  • Government actions

  • Labor shortages

  • Internet outages


15. GOVERNING LAW

These Terms shall be governed by the laws of the State of [Your State], without regard to conflict of law principles.


16. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.


17. MODIFICATIONS

We reserve the right to modify these Terms at any time. Continued use of the site constitutes acceptance of updated Terms.


18. CONTACT INFORMATION

The Cloth LLC
30 N GOULD ST, SHERIDAN WY, 82801

HELLO@POLYESTERSUCKS.COM