TERMS & CONDITIONS

Welcome to ENA Apparel — the platform that allows you to find exclusive ENA Apparel-branded fitness and lifestyle apparel.  ENA Apparel is owned and operated by Enanemus Apparel, LLC (“ENA Apparel,” “we,” “us” or “our”).  These Terms of Service (“Terms”) apply to your access and use of the website www.enaapparel.com (the “Site”) and other online sites and services operated by ENA Apparel, including any mobile applications or other tools that we may offer (collectively, the “Service”).

 

PLEASE READ AND REVIEW THESE TERMS CAREFULLY, BECAUSE BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DON’T AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

 

MODIFICATIONS TO TERMS

We reserve the right to change these Terms from time to time in our sole discretion.  If we make changes, we will notify you by revising the date at the top of the page and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. 

 

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

 

WHO MAY USE THE SERVICE

This Service is intended to be accessed and used by individuals from within United States of America only, and ENA Apparel disclaims any representations and/or warranties it makes in this Agreement which may apply to individuals who access the Service from other countries.  You may use the Service only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Service under applicable law. By using the Service, you represent and warrant that you are 18 years or older.

 

PRIVACY POLICY

For information about how we collect, use and share information about users of the Service, please see our Privacy Policy.

 

CREATING ACCOUNTS

If you want to use certain features of the Service, including purchasing products online, you’ll have to create an account (“Account”) via the Site and provide your name and email address. By creating your Account, you represent and warrant that you are 18 years or older.  You further represent and warrant to us that all information that you provide in connection with your Account is at all times accurate, truthful, current and complete.

 

When you create an Account, you must maintain the security of your username and password and accept all risk that someone may access your Account without your permission. If you discover or suspect any Service security breaches, you are required to let us know as soon as possible. ENA Apparel reserves the right to deny, suspend, or terminate any account at our discretion.

 

DESCRIPTION OF THE SERVICE

In General

We make available an online platform that allows you to purchase ENA Apparel-branded products, mainly fitness and lifestyle clothes and accessories. Through the Service you will be able to browse our products and place orders.

 

Purchasing Items

When you select an item to purchase, it will appear in your online shopping bag (the “Shopping Bag”). Once you have placed all items you would like to purchase in your Shopping Bag and are ready to checkout, the applicable taxes and any shipping charges will be calculated and you will see the total amount due and owing to be paid by you. All payments must be made in U.S. dollars by credit or debit account via ENA Apparel’s authorized payment processor. ENA Apparel’s authorized payment processor will charge the credit or debit account provided by you to the Service for the total amount displayed in your Shopping Bag. 


In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize our authorized payment processor to charge your selected payment method.  You hereby authorize ENA Apparel or its authorized payment processor to charge the credit or debit card account provided by you for the total amount displayed in your Shopping Bag for each purchase, and you represent and warrant that you are authorized to use and have fees charged to the credit or debit card account provided to ENA Apparel.

 

Order Confirmation

We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. As described in more detail herein, we reserve the right to refuse or limit or cancel any order you place with us in our sole discretion.

 

Cancellation & Refunds

All orders are subject to acceptance by us, and we will confirm such acceptance by sending you a notification confirming that your order has shipped. You may cancel an order at any time prior to shipment, and you will receive a full refund to the payment method you chose.  ENA Apparel accepts refunds of purchased apparel that is still in its original condition (unworn with labels attached) within 30 days from your order date for a full refund  (excluding any shipping and/or handling). All items purchased on clearance, during a promotional sale or with a promotional code are eligible for return for ENA Apparel store credit only. For more information on our refund policy, which is hereby incorporated into these Terms, please visit our Returns page.

 

Shipping

While we work to process all orders as quickly as possible, please allow for between 3-5 business days for order processing. Shipping is free for orders over $200 shipped within the US. Free return shipping within 30 days of order receipt for all orders placed within the contiguous United States.  ENA Apparel is only able to ship products within the United States at this time.  No international shipping is currently available.

 

Shipping Guidelines

  • PRIORITY MAIL (1-3 BUSINESS DAYS)
  • PRIORITY MAIL EXPRESS (1-Day or 2-Day expedited service by 3 p.m)

 

Shipping Guidelines apply to shipping within the contiguous United States only. Orders being shipped to Alaska, Hawaii, APO, FPO, and US Territories including Puerto Rico, Guam, US Virgin Islands, American Samoa, Northern Mariana Islands, and Micronesia are considered non-domestic and are subject to longer ship times. No shipping guarantees on orders sent to manual review or backordered items. ENA Apparel is not responsible for delays in shipping or delivery that result from factors outside its control such as inclement weather, acts of God, or any other shipper related issue(s). Under any circumstance, ENA Apparel is not responsible for incidental or consequential damages.

 

Product Information

Most products displayed on the Service are available exclusively online through the Service. These products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a product featured on the Service is no longer in stock, we use our best efforts to remove such product from the Service in a timely manner. Should you have any questions concerning the availability of a particular product, please contact our Customer Service using the information provided below.

 

Questions on Your Order?  Contact Us.

Email: customercare@enaapparel.com

Call: 312-624-9775 (available from 9am – 6pm CST, Monday – Friday)

 

Errors, Inaccuracies and Omissions

We make every effort to present the most recent, accurate, and reliable information on the Service at all times. However, occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update product information at any time without prior notice. In the event a product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, we will issue a credit to your payment method in the amount of the incorrect price.

 

Colors & Style

We have made every effort to display as accurately as possible the colors and styles of Products that appear on the Services. We cannot guarantee that your computer monitor’s display of any color or style will be accurate.

 

Cancellation of Orders

We may, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, payment method, email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.  In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your payment method has been charged, we will refund the billed amount.

 

RIGHT TO USE THE SERVICE

On the condition that you fully comply with these Terms, ENA Apparel grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial use.

 

ACCEPTABLE USE POLICY

 

Your Responsibilities

By registering for, accessing and using the Service, you understand and agree that you are responsible for the following:

  1. Your compliance with this Agreement;
  2. Taking appropriate security measures to prevent the unauthorized disclosure of your user passwords, login information, or other credentials used to access your Account;
  3. The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Service;
  4. Complying with applicable state, federal and international laws, regulations, and ordinances with respect to your use of the Service;
  5. All activity that occurs under your Account; and
  6. Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Service.

 

Restrictions on Use

You further agree not to:

  1. Use any content or information available through the Service for any unauthorized purpose;
  2. use the Service for any purpose in violation of local, state, national, or international law;
  3. interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  4. attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site’s or ENA Apparel’ networks or network security, or use any Site’s service to gain unauthorized access to any other computer system; ·
  5. use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  6. collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
  7. access, tamper with, or use non-public areas of the Service, ENA Apparel’s computer systems, or the technical delivery systems of ENA Apparel’s providers;
  8. engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service;
  9. impersonate any person, company, or entity;
  10. restrict or inhibit any other user from using or enjoying the Service;
  11. intentionally or unintentionally violate any applicable law or regulation;
  12. Send or otherwise transmit to or through the Service chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  13. modify, sublicense, translate, sell, circumvent, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
  14. assist any third party in doing any of the foregoing.

 

CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL

User Content

The Service allows you to post or submit content to or through the Service including, without limitation, text, messages, files, documents, images, links, or any other information or audiovisual material (“User Content”).  You are solely responsible for User Content that you post or submit to or through the Service.  

ENA Apparel does not monitor or approve content posted or submitted to the Service by any other user; however, we may, in our sole and unfettered discretion, screen, edit, remove, or delete any User Content at any time, for any reason and without notice.

 

Rights in User Content Granted by You

By posting or submitting User Content on the Service, you grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to ENA Apparel and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit User Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, in connection with operating and providing the Service and User Content to you and to other Account holders.  

 

You are solely responsible for all User Content.  You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.  You further represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of User Content which you post on or submit to the Service to: 1) post and submit such content on or to the Service; and 2) permit ENA Apparel and our licensees, affiliates, and successors to use such content in accordance with the foregoing license.

 

You hereby waive, represent, and warrant that you have obtained the waiver of any and all moral rights in User Content that you submit or post on or through the Service including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.

 

Prohibited User Content

As a condition of accessing and using the Service, you agree not to post or submit content that:

 

  1. is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
  2. violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
  3. promotes malice or harm of any kind against any group or individual;
  4. solicits user passwords, financial information, or personal identification for unlawful purposes;
  5. contains a virus, spyware, malware, or harmful software; or
  6. constitutes junk mail, unsolicited mass mail, or spam; or
  7. promotes the services of a direct competitor of ENA Apparel.

 

The foregoing is only a partial list of the kind of User Content which is prohibited on the Service.  ENA Apparel reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Service and terminating the violator’s Service access.

 

PROPRIETARY RIGHTS

The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to ENA Apparel hereunder by you or third parties) (collectively, “Service Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  The Service, Service Content, and the media and materials contained therein, are the sole and exclusive property of ENA Apparel and its licensors.  Unless expressly authorized in this Agreement or in writing by ENA Apparel, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Service.  Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of ENA Apparel.  You shall use the Service Content only for purposes that are permitted by this Terms of Service and any applicable laws and regulations.  Any rights not expressly granted herein are reserved.

 

Similarly, the marks, logos, and names of ENA Apparel, used on or in connection with the Service may not be used in connection with any product or service that is not under ENA Apparel’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ENA Apparel. All other trademarks not owned by ENA Apparel (or its affiliates) that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ENA Apparel or its affiliates.

 

TAKE-DOWN REQUESTS, DMCA

In submitting or otherwise uploading any User Content to the Service, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or proprietary information without obtaining the prior written consent of the owner.  If you believe that your work has been copied and posted on the Service in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. a description of the copyrighted work that you claim has been infringed;

  3. a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable ENA Apparel to find the alleged infringing material, such as a url);

  4. your address, telephone number and email address;

  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Notice of claims of copyright infringement should be provided to ENA Apparel’s Copyright Agent at the following address:

Agent:    ENA Apparel Copyright Agent
Address:  Enanemus Apparel, LLC

2000 West Fulton Street, Suite F-321, Chicago, Illinois 60612

Fax:  N/A
Email:  info@enaapparel.com

 

ENA Apparel will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.

 

INTERACTIONS WITH OTHER SERVICE USERS

Your use of the Service is at your own risk. ENA Apparel is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm.

 

FEEDBACK

Any suggestions, comments or other feedback you give us about the Service (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

LINKS TO THIRD PARTY WEBSITES

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. If you use the links, you will leave the Service and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

 

INTERNATIONAL USE

We control and operate the Service from the United States, and all information is processed within the United States. We do not represent that any content on the Service is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service.

 

Content, if any, which may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government’s lists of prohibited and restricted parties.

 

DISCLAIMERS

EXCEPT AS REQUIRED OTHERWISE OF ENA APPAREL BY APPLICABLE LAW, THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING USER CONTENT) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING USER CONTENT).

 

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ENA APPAREL, ITS AFFILIATES, LICENSEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“ENA APPAREL PARTIES”)  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING THE SITE AND ANY USER CONTENT) AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF ENA APPAREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF THE ENA APPAREL PARTIES WILL NOT EXCEED $200.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENA Apparel AND YOU.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, ENA APPAREL’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your ENA Apparel Account.  ENA Apparel reserves the right to control the defense and settlement of any action or proceeding against any ENA Apparel Party that you are bound to defend pursuant to the foregoing.

 

CHANGES TO THE SERVICE

ENA Apparel reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. ENA Apparel will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

 

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at customercare@enaapparel.com.

 

SUSPENSION AND TERMINATION

ENA Apparel may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at ENA Apparel’s discretion. You agree that ENA Apparel shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Service access.  ENA Apparel reserves the right to block users from certain IP addresses from accessing the Service.  All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

 

GOVERNING LAW; ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ENA APPAREL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ENA APPAREL.

 

Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without resort to any conflict of law provisions.

 

Arbitration

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and ENA Apparel agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Chicago, Illinois. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and ENA Apparel are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and ENA Apparel will not commence against the other a class action, class arbitration or other representative action or proceeding.

 

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Chicago, Illinois. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

 

Exclusive Venue

For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only and exclusively in the state and federal courts located in Chicago, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use or the Service.

 

GENERAL

These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements or representations, whether oral, electronic, or written, that may have been made.  Enforcement of these Terms is solely at ENA Apparel’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.  This Agreement does not and shall not be construed to create a partnership, joint venture, employment or agency relationship between the parties hereto.

 

CONTACT US

If you have any questions about these Terms, please email us at customercare@enaapparel.com or send a letter to:

Enanemus Apparel, LLC.
2000 West Fulton Street, Suite F-321
Chicago, Illinois 60612

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