Terms of Service

Last updated: 7-5-17

We ask that you read this Terms of Service Agreement ("Terms" or "Agreement") carefully before using this website. This represents a legal agreement between you ("you", "your" or "Member") and Always Fitted LLC ("us", "we", "our", "Always Fitted" or "the Company"). Always Fitted LLC is the owner/operator of www.alwaysfitted.com (the "Site"). This agreement states the terms and conditions that govern your use of the site and all services, credits and resources that are enabled via the Site, as well as the products sold through our services. Your access to, and use of, the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access www.alwaysfitted.com.

Your Profile and Customer Number:

You are responsible for maintaining the confidentiality of the personal information you submit through the Site, for protecting, the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under "My Profile" or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the My Profile area of the Site. A unique, personal identifier ("Customer Number") will be listed on your My Profile page. You are also responsible for maintaining the confidentiality of this number. You will include this number along with our shipping address when completing shirt purchases on retailer websites. When Always Fitted receives a package bearing your Customer Number, you will be notified via an alert on your My Profile page. You will have 24 hours after that alert is sent to indicate by phone or through your My Profile page if said package was sent in error. You are also responsible for shipping fees incurred by shirts sent to us in pre-labeled Always Fitted packaging (see Membership section for details).

Changes to Services and Pricing:

Always Fitted has the right to add, change or remove any content or functionality of the Site (including this Agreement), as well as an services provided. The Company is not required to notify you first in the event of any changes. Prices for products and services are posted on the Pricing page of the Site. You will be charged the amount indicated on the Pricing page on the day of any purchase you make. However, changes to pricing are not retroactive. Any products or service credits ("Apparel Credits") that are pre-purchased will still be redeemable for the specified product or service at any time in the future without additional charge. Apparel Credits do not expire.

Intellectual Property:

AF, Always Fitted, Fit Prototype, the Always Fitted logo, and other Always Fitted trademarks, service marks, graphics and logos used in connection with the Site or our products are trademarks of Always Fitted LLC ("AF Marks"). The AF Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Always. All content on the Site is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information from being shared without authorization by AF. By using the Site you represent that you, or a third party you have induced, will not attempt to gain unauthorized access to Always Fitted's website content, systems, or network. Further, you are agreeing that you will not use any automatic device or program to access, extract, copy, monitor, interrupt, or interfere with the content, functionality or underlying source code of the Site.

Third-Party Websites:

There may be links on the Site to third party sites that are not owned or controlled by Always Fitted. This includes, but is not limited to sites such as Facebook, Twitter or LinkedIn. Any such links are provided to you as a convenience only. Always Fitted does not make representations about such sites or their owners/operators, and we do not review or endorse them. If you visit these third-party sites you are doing so at your own risk, and with the understanding that you are responsible for your activities in connection with these sites. The terms of use and privacy policies on these sites may be different than those of www.alwaysfitted.com.

Third-Party Retailers' Products

By creating an account on the Always Fitted Site, you are authorizing the Company to make alterations to shirts you purchase from third party retailers (and ship under your Customer Number) that will render those shirt "unreturnable." As such, AF assumes no responsibility for your satisfaction with the overall quality of the of original components and workmanship used by the third-party retailer when the shirt was originally manufactured. We assume no liability for your dissatisfaction with subjective shirt characteristics including, but not limited to, fabric texture, color, and quality of stitching on features we do not alter (such as collars). If Always Fitted receives a shirt for alteration that is labeled with your Customer Number, we will inspect it for obvious physical defects such as visible fabric tears, missing buttons, and the like. You will be notified via your My Profile page if this should occur, and you will be given the choice between three options. You may request that AF facilitate a return of the shirt with the third-party retailer from whom you purchased it, you may request that AF facilitates an exchange of the shirt with the third-party retailer from whom you purchased it, or you may authorize AF to ignore the defect and continue with the alteration. By authorizing AF to perform an alteration on a shirt with a disclosed defect, you are acknowledging that AF assumes no responsibility for your satisfaction with the final product.

Returns and Exchanges to Third-Party Retailers:

Always Fitted will facilitate returns and exchanges on your behalf with third-party retailers free of charge only in three scenarios. 1) If, upon receipt of a shirt labeled with your Customer Number, our initial inspection reveals a pre-existing defect in the shirt (as described in the Third-Party Retailers’ Products section above). 2) If, upon receipt of a shirt labeled with your Customer Number, our initial inspection reveals that the product in the shipping package does not match the size, brand, or color description indicated on the original third-party invoice. 3) If, upon receipt and measurement of a shirt labeled with your Customer Number, we determine that said shirt’s dimensions make attaining your desired fit impossible. NOTE: AF WILL ONLY FACILITATE SCENARIO 3 RETURNS FREE OF CHARGE IF THE SHIRT IN QUESTION IS OF THE SIZE RECOMMENDED BY THE “SHOPPING TOOL” ON YOUR MY PROFILE PAGE USING THE MEASUREMENTS ON YOUR MY PROFILE PAGE ON THE DAY THE SHIRT IS RECEIVED BY AF. If a shirt we receive labeled with your Customer Number falls into one of the three categories described above, you will not be charged a fee for processing a return or exchange by Always Fitted. However, while many third-party retailers allow returns and exchanges free of charge, some do not. By creating a Profile on the Always Fitted Site, you agree to educate yourself of the return or exchange fee policies of any third-party retailers you should purchase shirts from for the purposes of alteration by Always Fitted. You are responsible for the payment of any such fees.

Product Care:

Always Fitted alters new (unwashed) shirts (both those manufactured by us and those purchased by you from third-party retailers) slightly larger than your ideal measurements in certain areas to allow for normal fabric shrinkage associated with laundering. Shrinkage of most fabrics is fairly minimal when instructions on the attached care label are properly followed. Deviation from recommended care methods (such as, but not limited to, placing shirts that are supposed to be line dried in an electric dryer) can result in greater than normal shrinkage. Always Fitted assumes no responsibility (financial or otherwise) for the fit, fabric, or finish quality of shirts that have been improperly laundered.

Termination of Service:

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, or us. By creating an account on the Site you agree not to engage in the aforementioned conduct. These acts include, but are not limited to, both directly unlawful activity, as well as creating posts through the Site that promote unlawful activity, are sexually explicit, profane, racial, ethnic, threatening, or otherwise objectionable. In addition, Always Fitted reserve the right to refuse to provide a product or service to any member at our sole discretion.

Membership

Always Fitted is not a subscription service, and Membership does not require the purchase of products or services from us or any other retailer. But, for your convenience, we allow you to purchase shirts from retailers and have them sent to us without requiring you to purchase Apparel Credits ahead of time. As such, we require that you provide a preferred payment method to be saved in your Profile in order to complete your account creation ("Membership"). By entering that payment method information, you authorize Always Fitted to charge that method for incoming shirts from retailers (as detailed in the Your Profile and Customer Number section above) at the price indicated on the Site for the pricing status ("Rank") you have on that day. As a Member, you will have the ability to request shipping packages with existing USPS (United States Postal Service) barcode labels to be used to send shirts to us directly for alteration (shirts not being shipped to us from other retailers). Those packages will be sent to you at no charge. If you send those packages to Always Fitted with shirts for alteration inside, our USPS account will be charged for that shipping. By entering your preferred payment method information on your My Profile page, you authorize Always Fitted to charge your preferred payment method for shipping at the rate posted on the Site the day we are charged by the USPS.

Sales of Products and Services:

Always Fitted sells its Fit Prototype shirts and provides alteration services to end users only. These shirts and services are intended for the personal, non-commercial use of the Members who obtain them through their My Profile page. The Membership and any discounts or privilege obtained via repeat purchases are also personal and non-transferable.

Payment Methods:

You agree to pay all fees charged to your account in connection with purchases made through your My Profile page. All payments shall be made by your selected payment method prior to shipment of any products or completing of any alteration or embroidery services (as detailed in the Your Profile and Customer Number section above). If the payment method you have entered through your My Profile page as your preferred method on file cannot be charged for any reason, Always Fitted reserves the right to terminate your Membership.

Shipping

Always Fitted uses the United States Postal Service (USPS) as a carrier when shipping any product to you. Status of a shipment can be monitored using the USPS tracking number provided to you on the "Track My Shirts" shirts tab off your My Profile page. Tracking numbers are uploaded by AF at the time a shirt or shirts is/are shipped, and a tracking number will be provided for each shirt. If Always Fitted receives more than one shirt for alteration from you on the same day, all of those shirts will be shipped to you on the same day once alterations are complete. Said shirts may be shipped together in one package, or in multiple packages, at the discretion of AF. The risk of loss and title for all Products purchased via the Site pass to the Member upon delivery of the item to the carrier.

Membership Cancellation:

You can cancel your Membership at any time via your My Profile page. Any unused Apparel Credits on your account on the day of cancellation will be refunded to your preferred payment method for the amount they were originally purchased. By cancelling your Membership, you forfeit your earned "Rank" and its associated discounted pricing on products and services provided through the Always Fitted Site.

Severability and Non-enforcement:

If, at any time, any of these Terms is determined to be invalid or unenforceable, that term will be deemed severable and shall not affect the validity or enforceability of the remaining terms. Failure of Always Fitted to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision when applied to other situations.

Limitation of Warranty and Liability:

Always Fitted provides no warranties, either expressed or implied, with respect to the services and content of the Site. The Company does not guarantee that services or content on the Site will be free from error, uninterrupted, complete, reliable, or that they will meet your individual expectations. Always Fitted is also not liable for any damages sustained by you as a result of your use of the Site or services on the Site (except in the state of New Jersey). This includes, but is not limited to, direct, indirect, punitive, incidental, exemplary, or economic damages, as well as loss of profit. Always Fitted's maximum cumulative liability for economic damages for which they are found to be at fault is equal to the amount paid for a given AF product or service, combined with the purchase price, taxes, and shipping fees for a shirt purchased from a retailer in association with said service provided by AF where applicable. These limitations of financial liability exclude instances of personal injury or any injury caused by alleged fraud.

International Site Access

Currently, Always Fitted is only able to offer services and sell products to Members with shipping address in the United States (or U.S. Military stationed abroad who have APO/FPO/DPO addresses). However, the Site is accessible internationally. If you choose to access www.alwaysfitted.com from outside the United States, you agree that U.S. laws and the laws of the State of Georgia exclusively govern these Terms and Conditions, any products you purchase through the Site, any services you use on the Site, and any disputes arising from those purchases or uses respectively.

Use by Minors

This Site and the services provided on the Site are not intended for, or targeted at, minors (those individuals under the age of 18). However, we cannot prevent minors from accessing the site, and depend on parents/guardians to regulate internet use of minors under their supervision. By creating an account, providing us personal information, or purchasing products or services through the Site, you certify that you are at least 18 years of age or have permission from your legal parent/guardian, and that any information you provide to us is not inaccurate or misleading.

Disputes & Legal Issues

Any dispute related, directly or indirectly, to your visit to the Site, to our advertising practices, or to products you purchase through the Site shall be submitted to arbitration in Atlanta, GA. The only exception to this rule is your violation or intent to violate Always Fitted LLC’s intellectual property rights. In this instance, Always Fitted may seek an injunction or similar measure in state or federal court in the State of Georgia. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by law, no Arbitration of this agreement shall be joined with another arbitration involving any other party through class action or similar means.