Terms of Use

Problems.  If there is problem with the information you give us when you check out, we will try to reach you through the contact information you provided. Fraud.  If there is any concern about fraud or credit, we will let you know if we are allowed by law.  We may be required by law to first report the problem to law enforcement officials.  We use a third party vendor to detect fraud. Your Money. When you check out, and put in your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account or your payment. Cancelling or Returning Products.  Please see our return and cancellation policy by clicking here:  [https://fearofgod.com/pages/shipping-and-returns] Prices and Taxes.  We may change the prices of our products from time to time.  Different locations require us to charge and collect sales tax at the time of check out.  Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed. Shipping Choices and Costs.  When you check out, you will select your means and timing of shipment.  If you do not live in the United States, where we are based, you may also have to pay import duties that will be reflected in your final order summary. Proprietary Rights. This Website and its entire contents, our products, and the photographs of our models and our products (including but not limited to all information, trademarks, marks, service marks, displays, images, video and audio and the design, selection, and arrangement thereof) (collectively and individually, the “Materials”) are owned by Fear of God, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.  You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Fear of God Materials. Use of the Fear of God Materials for any purpose not expressly permitted by these Terms of Use is strictly prohibited. You may choose to submit to us comments or suggestions about the Site and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you. Security.  We have implemented reasonable technical, security and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure.  For more information, see our Privacy Policy [https://fearofgod.com/pages/privacy-policy].  Notwithstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission.  It is your choice whether or not to provide information to us through this Website. Third-party Service Provider. When you proceed to checkout, your information will be transmitted to our third party payment processor (at present, Shopify).  We also have a third party that monitors our ecommerce transactions to detect fraud.  See our Privacy Policy for more information about our third party providers [https://fearofgod.com/pages/privacy-policy]. Third Party Sites. If you link to another website from this Website for any other goods or services, or if you come to this Site from a third party site, you understand that these Terms of Use and the Privacy Policy do not apply to your use of those other sites. You expressly relieve Fear of God from any and all liability arising from your use of any third-party website or services. Indemnity.  To the fullest extent allowed by law, you agree to defend, indemnify and hold harmless Fear of God and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs. debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use, including without limitation; (iii) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights or any contractual or proprietary rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or data that are submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code. Disclaimers and Limitation of Liability THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FEAR OF GOD, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FEAR OF GOD, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR ITS LICENSORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT ARISE FROM OR RELATE TO THE TERMS OF USE, THIS WEBSITE OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FEAR OF GOD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEAR OF GOD AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF  ANY CONTENT, MATERIALS, DATA OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT, DATA OR INFORMATION POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FEAR OF GOD AND ITS AFFILIATES AND THEIR OFFICERS,  DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR OUR LICENSORS, SUPPLIERS OR VENDORS BE LIABLE TO ANY USER  IN THE AGGREGATE FOR ANY AND ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS ARISING OUT OF OR RELATING TO THE TERMS OF USE, THE PRODUCTS OR THIS WEBSITE IN AN AMOUNT EXCEEDING THE AMOUNT, IF ANY, THAT SUCH USER HAS PAID TO FEAR OF GOD FOR THE PRODUCTS PURCHASED THROUGH THIS SITE GIVING RISE TO THE CLAIM. THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM OR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FEAR OF GOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Governing Law. These Terms of Use shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Arbitration; No Class Action.  To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.  Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights.  This includes all disputes regarding any current, past of future purchase or event, between you and us regarding our products, this Agreement or this Website, and whether the claims is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis.  We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, the Privacy Policy or the formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of this Agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury. If you or we have a dispute with the other or this Website or our Agreement, notice must first be sent to the other party, including:

• name, address, and contact information of the party giving the notice
• the facts that are the basis of the dispute
• the remedy sought (e.g. a refund).

For notices to us regarding a dispute, they must be emailed to: shop@fearofgod.com with a copy mailed to Fear of God, LLC, Attn: Legal Department / CFO, 3940 Laurel Canyon Blvd, Studio City, CA 91604. If we have a claim against you, we will notify you by the contact information you have provided to us. We and you will then use good faith efforts to resolve through informal negotiations the dispute.  If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding.  Arbitration will be conducted in Los Angeles, California, or if you and we agree remotely. Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Notification Procedures. Other than for disputes, Fear of God may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Fear of God in our sole discretion. Fear of God reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use and our Privacy Policy. Entire Agreement; Severability; No Waiver. These Terms of Use, the Privacy Policy and your agreement to pay for the products you buy through this Website create the entire agreement with respect to your use of this Website and the products you buy from us. If any provision of these Terms of Use are 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 of Use, which shall remain in full force and effect.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Fear of God’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Your Comments and Concerns.  This web site is owned and managed by Fear of God.  All feedback, comments, requests for technical support and other communications relating to this Website or our products can be sent to us at: shop@fearofgod.com.