Crescendo Apparel LLC — Website Use Agreement

Welcome to the Crescendo Apparel LLC (“Crescendo”) website: www.crescendoapparel.com (the 'Website'). Please review the following terms and conditions of this Website Use Agreement (the “Agreement”) before using this Website. These terms and conditions, which may be modified from time to time, apply to all users of this Website.

Your Use in General
Your use of the Website confirms your acceptance of these terms and conditions and your agreement to be legally bound by them. If you do not accept these terms and conditions, do not use this Website. In the event of a violation of these terms and conditions, Crescendo reserves the right to seek all available legal and equitable remedies. Crescendo may terminate your access to or use of this Website at any time, for any reason, or for no reason and without prior notice to you. We may at any time revise these terms and conditions by updating this Agreement. Therefore, you should frequently review this Agreement so you are aware of any revisions. Your use of this Website following any such revisions constitutes your agreement to follow and be legally bound by the terms and conditions as revised.

Website Content
The design of this Website and all of its materials, including, but not limited to, its software, HTML code, scripts, artwork, text, icons, photographs, images, designs, music, video, audio, written, and other materials that appear as part of this Website (collectively, "Content" ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by Crescendo under a limited, non-exclusive license as a service to its current and prospective customers and may be used only for personal, non-commercial use. This limited, non-exclusive license is subject to the following restrictions: (a) you shall not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website, any of the Contents, or any related software; (b) you shall not access or use the Website for any public or commercial purpose; and (c) you shall not permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is strictly prohibited without the prior written consent of Crescendo. Crescendo may revoke this limited license at any time for any or no reason. Any unauthorized use of the Crescendo Content, such as, framing, inline linking, or other association with content or information not originating from the Crescendo Website is prohibited. Linking to any Crescendo web page is also prohibited. Crescendo may modify these restrictions at any time without prior notice to you.

Prohibited Use
You shall not use this Website for any illegal or other improper purpose or activity which includes, but is not limited to: gaining unauthorized access to the Crescendo Website, coding, system, or servers or attempting to hack, exploit, or test the vulnerability of the same; attempting to interfere in any way with the operation of the Website; posting false or inaccurate information; using the Website to post, transmit, store, or distribute inappropriate content, content protected by copyright or other intellectual property laws (unless you are the owner of the material or have permission from the owner of the material), content protected by trade secret laws, or content protected by privacy laws.

Your Account
You have the option to register with Crescendo though the Website and create an account (“Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your information and for controlling access to your email address, password, and computer. You shall accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason, or for no reason and without providing you with prior notice.

Third Party Links
The Website may contain links to third party websites that are external to the Website (“Third Party Sites”). Crescendo does not control any Third Party Sites to which its Website links. You should carefully evaluate any Third Party Site before visiting it. Crescendo is not responsible for the content contained on any Third Party Site and does not make any guaranties, representations, or warranties regarding the information, content, or any other aspect of any Third Party Site. Crescendo is not liable for any damage or other harm caused to you, your computer, or anyone else as a result of your access or activity on a Third Party Site. You agree that you shall access all Third Party Sites at your own risk.

Products and Pricing
The Crescendo Website contains information and images regarding its merchandise and the prices thereof. While Crescendo makes every effort to ensure that the images are as accurate as possible, the display of the images will depend upon the computer monitor of each individual user, and Crescendo cannot guaranty that each monitor will accurately display the true colors of the products. Products on the Website may be discontinued or out-of-stock. Product prices are subject to change without notice. Crescendo is not liable for any typographical or other inaccuracies regarding the description, size, availability, or price of any product.

Ordering Terms and Conditions
Products may be purchased through the Crescendo Website. Prior to the shipment of your order, you may cancel your order at any time by notifying us by email at customerservice@crescendo.com or by calling us at 888-215-0270. If your order has already shipped, you may cancel your order in accordance with our Return Policy.

Order Cancellation
Any order may be cancelled by Crescendo under the following circumstances: you provide inaccurate, incomplete, or false personal information when placing an order; you provide inaccurate, incomplete, or false payment information when placing an order; if a product is out-of-stock or discontinued; if Crescendo believes that your order is going to be resold or purchased for a commercial, non-personal purpose; if Crescendo believes that your order is going to be reshipped (e.g. if the shipping address on your order is a warehouse, freight company, or other similar commercial enterprise); you have any history of fraudulent orders or other violations of any of the terms of the Agreement. Any authorization hold on your payment card will disappear from your account within three to five days after cancelling an order.

Payment Types
Crescendo accepts credit cards from Visa, MasterCard, American Express, and Discover. Crescendo also accepts debit cards bearing a Visa or MasterCard logo.

Backordered Products
Backordered products are those that are temporarily out-of-stock. Backordered products will ship upon availability. Your payment card will not be charged for any product until that product is shipped.

Sales Tax
In accordance with state regulations, the current sales tax rate of Cook County will be charged on all orders shipped to delivery addresses within the state of Illinois.

Return Policy

Refunds
Crescendo will refund any product returned to us so long as it is unworn, in its original condition, postmarked within 15 days from the date of receipt, and accompanied by a copy of your original invoice or receipt. All refunds for returned products will be credited back to the payment card used in the transaction. Shipping costs for returned products are the responsibility of the customer.

Exchanges
Crescendo will exchange any product for the same item in another size or color or for merchandise credit towards another purchase so long as it is unworn, in its original condition, postmarked within 30 days from the date of receipt, and accompanied by a copy of your original invoice or receipt. Crescendo will be responsible for all shipping costs for exchanged products.

Please contact us at customerservice@crescendoapparel.com or 888-215-0270 prior to returning any products so we can best assist you. Items you wish to return may then be shipped to:

Crescendo Apparel
Attn: Returns
2150 South Canalport
Suite 3A2
Chicago, IL 60608-4463

Disclaimer
This Website and all Content of the Website are provided to the Website users and prospective customers "AS IS" and "AS AVAILABLE" and without warranties or representations of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement, or title. You acknowledge and agree, by your use of the Website, that your use is at your own risk. Some jurisdictions do not allow the disclaimer of implied warranties. If you are in one of those jurisdictions, this disclaimer may not apply to you.

Limitation of Liability
IN NO EVENT WILL CRESCENDO, OR ANY OF ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ANTICIPATED PROFITS, OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR FUNCTIONALITY, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF CRESCENDO IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. If you are in one of these jurisdictions, these limitations on liability may not apply to you.

Indemnity
You agree to release, indemnify, and hold Crescendo, its officers, directors, predecessors, shareholders, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any damages, loss, liability, claims, or expenses (including reasonable attorneys’ fees) made against Crescendo by any individual, company, party, or entity due to, arising out of, or in connection with your use of the Website.

Miscellaneous
This agreement represents the full and final agreement between Crescendo and all users of the Website, and no effect shall be given to any other writings or communications had. Should any court or other competent decision-making body adjudicate any part of this agreement void or unenforceable, the remainder of this agreement shall continue to operate and be fully enforceable. This agreement shall be interpreted, construed, and enforced under the laws of the State of Illinois with no effect being given to choice of law principles. You agree to submit to jurisdiction in Illinois and that any claim arising out of or related to this Agreement will be brought solely in a court in Cook County, Illinois. The failure of Crescendo to take any legal action shall not operate as a waiver of any rights or any claim or other cause of action. The titles of each section of this agreement are displayed solely for the purpose of convenience to the reader and have no effect on the agreement.

Any claim or cause of action you may have with respect to Crescendo or is in any way connected with your use of the Website must be commenced within one (1) year after the claim or cause of action arises.