Last Updated April 30, 2021

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

1. Privacy:Any information (including personally identifiable information and payment account information) you submit to the Service is governed by the Privacy Policy. The Privacy Policy encompasses any and all information you may provide via the Website or Service either for purposes of creating an account, utilizing any features of the Service, making user submissions, submitting inquiries or to receive further information, updates and promotions about or related to the Website or Service.
2. Amendments to the Terms of Use:South 71 Degreez reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms at any time. Any such modifications shall become effective immediately upon the posting thereof. It your responsibility to review the Terms on this web page on a regular basis to keep yourself informed of any modifications.
3. Eligibility:
   Account Registration: As a condition of your use of certain features of the Service, you may be required to register an account with South 71 Degreez and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times by updating your account profile.)

Account Security: As part of the registration process, you will be instructed to choose a username and password. The selected username and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your username and password, and are fully responsible for all activities that occur thereunder. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.

Minimum Age: The Website and Service are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Service by anyone under 18 years of age is expressly prohibited. By accessing or using the Website or Services, you represent and warrant that you are 18 years old or older.

4. ORDERING TERMS & CONDITIONS

There is no minimum order.

SHIPPING (Based on Stock Availability)

• Orders placed by 3:00 pm will ship the next day unless otherwise advised.
• All orders are shipped USPS from Kansas City, MO.
• You will be advised of any delay to your order.

TERMS

• New account orders are shipped after successful payment using a valid PayPal account, credit card via PayPal or Square (Visa, MasterCard, American Express and Discover).
• We do not accept personal checks, business checks, cashier’s checks or money orders for online orders.

CLAIMS AND RETURNS

Claims for shortages, damages or incorrect merchandise due to South 71 Degreez’s error must be made within five (5) days of your receipt of goods.

Headwear must be inspected before embellishing. Customers are responsible for verifying style, color, size and quality of headwear.

Embroidered or printed headwear is not returnable.

Under NO circumstances are we responsible nor will we incur embroidery costs on incorrectly ordered goods being returned, no matter the reason.

• No returns accepted without a return authorization number (RMA#) and must be returned to our warehouse no more than two (2) weeks after receipt.
• Defective merchandise must have tape placed over the flaw before returning.
• All returns are subject to a 15% restocking fee in addition to shipping charges.
• Absolutely no cash refunds.

PRICING

• All prices are subject to change without notice.
• South 71 Degreez assumes no responsibility and shall incur no liability whatsoever if price change notices are not received.

5. Use of the Website/Service by All Users

PRODUCTS/SERVICES INFORMATION: We strive to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may be inaccurate, incomplete or out of date. We do not 100% guarantee the accuracy and how current the website’s information is. All features, specifications, and other details of the products and services offered via the Service and Website and, as applicable, prices of products and services described or depicted on the Website are subject to change at any time without notice.

LIMITED LICENSE: By agreeing to the Terms, South 71 Degreez grants you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to access and use the Service for your personal or business entity use only. To the extent your use of the Service encompasses South 71 Degreez’s application or platform or related tools provided through online software, the foregoing license is limited to accessing and using such software through a device owned or controlled by you or your business entity. South 71 Degreez expressly reserves all rights in its intellectual property associated with the Service not expressly granted to you in the Terms.

You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial or any other non-personal purpose any content accessible via the Service without the express written consent of South 71 Degreez. South 71 Degreez retains the right to determine whether or not your use of the Service is consistent with the Terms. We may suspend, restrict or terminate your use of the Website or Services and to refuse any future use of all or portions of the Website or Services if your use breaches or fails to comply with any of the Terms. Additionally, we may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the Terms; and/or (b) seeking damages relating to any breach or failure to comply with any of the Terms.

Prohibited Use of the Website/Service: In consideration of being allowed to use the Service (or any portion or features thereof), you agree that the following actions, without limitation, shall constitute a material breach of the Terms:

• Utilizing the Service or otherwise engaging in conduct via the Service in violation of any applicable local, state, national, or international law or regulation.
• Interfering with or damaging the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
• Transmitting or submitting orders for materials that infringe or violate the intellectual property or contractual rights of others or the privacy or publicity rights of others.
• Using the Website or Services for any commercial or competitive purpose whatsoever without express, written permission from South 71 Degreez.
• Transmitting content that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person or entity as determined by South 71 Degreez in its sole discretion.
• Using the Service in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
• Collecting information about others, including e-mail addresses.
• Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Service or any portion thereof, without the express, written consent of the South 71 Degreez.
• Taking any action with respect to the Service which we deem to be (in our sole and absolute discretion) inappropriate for, damaging to, or not in the best interest of, the Service or the best interests of South 71 Degreez’s business operations.
• Assisting any other party in doing or engaging in any of the foregoing conduct.

South 71 Degreez expressly reserves the right, in its sole discretion, to terminate a user’s access to the Service or any portion thereof due to any act that would constitute a violation of the Terms. In addition to violating the Terms, the foregoing actions on your part, or on behalf of any entity you are employed or otherwise acting as an agent for, involving intentional, unauthorized access of a protected computer or user accounts, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.

Third Party Content and Websites. The Service (and any portions thereof) may contain features and functionalities that may link to other websites with goods and services offered by third parties which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by South 71 Degreez of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by South 71 Degreez. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from the Service to gain access to other websites is at your own risk.

6. Termination. South 71 Degreez reserves the right to terminate your account and access to the Service at any time. Termination by South 71 Degreez shall include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Service.
7. Modification, Limitation and Discontinuance of the Service. South 71 Degreez reserves the right at any time to limit access to, modify, change or discontinue any aspect of the Service with or without notice to you. In no event will South 71 Degreez be liable to you for any such modification, suspension or discontinuance of the Service. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree that South 71 Degreez will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service
8. Intellectual Property. Except where expressly stated otherwise, South 71 Degreez LLC is the owner or the licensee of all intellectual property rights associated with the Website and Service and/or located on any South 71 Degreez websites, online tools or mobile applications and in the materials published or otherwise made available via the Website or Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing made available to users via the Service may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms are expressly reserved by us.
9. DISCLAIMER: unless provided for in a separate agreement between you and South 71 Degreez, the website and service are provided on an “as is” and “as available” basis. South 71 Degreez assumes no responsibility or liability for the timeliness, deletion of content or failure by the website or service. South 71 Degreez expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement or any warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) any content or information you provide or we collect will not be disclosed or (e) any errors in the service (or any portion or feature thereof) will be corrected. You agree that use of the service is at your own risk. No oral or written information or advice given by South 71 Degreez or its authorized representatives shall create a warranty of any kind. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties
10. LIMITATION OF LIABILITY. To the extent allowed by law, in no event shall the aggregate liability of South 71 Degreez LLC., or any of its officers, directors, members, managers, employees, agents, licensors, and suppliers, exceed $100.00. You expressly understand and agree that South 71 Degreez will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages (even if South 71 Degreez has been advised of the possibility of such damages) (collectively, “damages”), resulting from: (a) the use or inability to use any aspect of the website or service; (b) the cost of any goods and/or services purchased or obtained as a result of the use of the website or service; (c) disclosure of, unauthorized access to or alteration of your information or content; (d) content you submit, receive, access, transmit or otherwise convey through the service; (e) statements or conduct of any service providers or other third party through the service; (f) any other matter relating to the website or service; (g) any breach of this agreement by South 71 Degreez or our failure to provide the website or service or (h) any other dealings or interactions you have with any service providers (or any of their representatives or agents). These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. This paragraph shall not affect the rights listed below in the section titled “indemnification.”
11. INDEMNIFICATION. You (and/or the business entity you represent) agree to indemnify, defend and hold harmless South 71 Degreez LLC, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of the Terms by you; (b) any content or other information provided by you to South 71 Degreez or that you submit, transmit or otherwise make available through the Service; (c) your use of the Website or Service; or (d) any violation of any rights of another or harm you may have caused to another. South 71 Degreez shall retain sole control of the defense of any such damage or claim.
12. No Agency. Except where provided for in a separate agreement with South 71 Degreez, no agency, partnership, joint venture, or franchiser-franchisee relationship is intended or created by the Terms. Without limiting the foregoing, except as expressly set forth herein, South 71 Degreez is not acting and does not act as an agent for any user or visitor of the Website or Service.
13. Notice. You agree that South 71 Degreez may communicate any notices to you under the TERMS, through electronic mail, regular mail or posting the notices on the Website. All notices to South 71 Degreez will be provided by either sending: (i) an email to your registered e-mail account; or (ii) a letter sent via first class mailing, to the physical address associated with your account. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
14. Entire Agreement. Unless you enter into a separate written agreement with us that provides otherwise, this Agreement governs your use of the Website and Service and constitutes the entire agreement between you and South 71 Degreez. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and South 71 Degreez regarding the subject matter contained in this Agreement.
15. Governing Law & Exclusive Venue. Any and all claims relating to or arising out of your use of the Website or Service shall be governed by the laws of the State of Missouri and litigated in the County of Jackson in the State of Missouri. Any disputes, actions, claims or causes of action arising out of or in connection with the Terms or the Website or Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Jackson in the State of Missouri.
16. Miscellaneous. You may not assign these Terms without the prior written approval of South 71 Degreez. Any purported assignment in violation of this section shall be void. South 71 Degreez reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by South 71 Degreez.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://south71degreez.com