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Privacy Policy
High Softies recognizes the importance of protecting the privacy of your personal data. We have instituted strict policies and security measures to protect the information you provide us. By approving this privacy policy, or by using our online store or services (including when you register with High Softies online), or by submitting your personal data on a customer information card in one of our stores, you consent to High Softies’s processing of your personal data in accordance with this privacy policy.

Who is responsible for the processing of your personal data?
High Softies LLC, is the controller of your personal data under applicable data protection laws. High Softies's affiliated companies and selected suppliers may process your personal data on High Softies's behalf and in accordance with High Softies's instructions, and are thereby processors of your personal data.

You may contact High Softies at any time at:
High Softies
2035 Bay Street #105
Los Angeles CA 90021

info@highsofties.com

What information does High Softies collect, and from whom?
Personal data collected from customers online and users of our website. High Softies collects names, addresses, email addresses, telephone numbers, nationality and (if applicable) company information (i.e., the company name of your employer) from visitors to the website who register their information or who use the online store or any other online service, such as subscribing to the newsletter.

We also use “cookies“(as described below) and track IP addresses so we can improve our services and enhance your High Softies experience. When you order our products online and choose to pay by credit card, you will provide your credit card information on our website to finalize your purchase. At Checkout you may choose to save your credit card details for future purchases if you have an account at the High Softies website. Your credit card details will be protected using Global Sign Encryption and will speed up your checkout the next time you shop. Your credit card details will never be visible to High Softies or our payment service provider.

When you choose to make your payment by invoice, you may be required to provide your personal ID number on our website, which will be directly transferred and available only to our payment service provider in order to obtain a credit report and to facilitate your payment.

High Softies may also store information regarding your purchases, namely information regarding product and size, and purchase price and date, which will help us improve our services to you and enhance your future purchasing experience with us.

High Softies collects names, addresses, email addresses, telephone numbers and nationality. High Softies may also store information regarding your purchases, namely product and size, purchase price and date, as well as general information regarding your clothing and shoe size, clothing preferences and buying habits that will help us improve our services to you and enhance your future purchasing experience with us.

How does High Softies use the information you provide?

High Softies will use the information collected to:

- process any purchase or order made by you in store or online;

- process any returns, exchanges and complaints you may have.

- register you with our website and create your personal account.

- communicate with you about your purchase or order.

- administer our website services.

- answer and administer any questions or comments you may have regarding our products or services.

- keep you informed, via sms, email or post, of our special events or promotions.

- send out our newsletter, if you have chosen to subscribe for the newsletter.

- review our performance and to improve our services to you.

- analyze your personal data to provide you with relevant marketing offers and information.

- help us improve our site design and your online and in store shopping experiences.

- Contact you, subject to the choices you have made, via email, postal mail, or telephone, to conduct market research and learn more about how we can improve our product offerings.

We may combine your personal data that you have provided to us, with personal data that you have provided to one of our affiliated companies, in order to enhance and personalize your shopping experience with us, and to communicate with you in accordance with this policy.

We may also use your personal data for our internal marketing and demographic studies, together with non-personal data to analyze, profile and monitor customer patterns in order for us to be able to improve our products and services.

Does High Softies share your information with others?
High Softies does not sell or rent our customer’s names, addresses, email addresses or other personal data to any other entity.

High Softies may share your data with affiliated companies including other companies within the High Softies group globally, joint ventures, franchisees and licensees to improve our services to you, and to enhance your shopping experience when visiting an High Softies store in another country than your residence.

High Softies may also share your data with selected suppliers who perform functions on our behalf such as fulfilling orders and delivery of orders, processing payments, carrying out promotional services or data management, to maintain our website, to distribute emails, to send out our newsletter, to provide client communications and to manage our customer database. As necessary, the personal data you provide to us may be processed by these third parties, solely on High Softies’ behalf and in accordance with High Softies’ instructions. We do not authorize any of our suppliers to make any other use of your personal data.

If High Softies is acquired by another entity or is merged or consolidated, information about High Softies customers may be made available to the new entity. However, High Softies will ensure that the new entity will agree to protect the confidentiality of your personal information consistent with this privacy policy.


Klaviyo - We use Klaviyo for email marketing and SMS communications and to manage our relationships with our customers. Their privacy policy can be found here here.

SMS - Text Messages

We use SMS communications to communicate product launches and key marketing messages such as Abandon Cart.

We use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

To unsubscribe from SMS notifications text “stop” to the number provided within the communication.

Terms of Service Info
SECTION 22 - Mobile Message Service Terms and Conditions
Last updated: 27/10/2021
The HIGH SOFTIES mobile message service (the "Service") is operated by HIGH SOFTIES (“ [HIGH SOFTIES] ” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.


By consenting to HIGH SOFTIES’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including: updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders)] from and on behalf of HIGH SOFTIES via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.


You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with HIGH SOFTIES. Your participation in this program is completely voluntary.


We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.


You may opt-out of the Service at any time.
If you live in the US or Canada text the single keyword command STOP to +1 (833) 935-3049
If you live in the UK or Australia click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other HIGH SOFTIES mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to+1 (833) 935-3049 or email info@highsofties.com


We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.


The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.


To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.


We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

 

Storage and transfer overseas

 

Your personal data is stored by High Softies in the US. We may also share your data with our selected suppliers, who may process your data in countries both inside and outside of the EU/EES, for the purposes described above. Please note that countries outside of the EU/EES may not afford the same level of protection of personal data as countries within the EU/EEA. However, all processing by our affiliated companies and selected suppliers will be done solely in accordance with High Softies’ instructions, in order to provide adequate protection for your personal data. You hereby consent to the transfer of your personal data outside of the EU/EEA in accordance with this privacy policy.

 

Security

 

High Softies uses appropriate security measures to protect the information you provide to us. However, while we take all reasonable steps to protect your personal information from unauthorized access, use or disclosure, you accept that no internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this is due to our negligence. Personal information provided to High Softies or via any other application and online credit card transactions are protected using Secure Socker Layering (SSL) which is an encryption technology. When the browser shows a secure domain that begins with “https” (instead of “http”), that means that a protected session has been established which guarantees maximum integrity and discretion of the data transmitted. SSL is used to protect your information such as name, address and credit card number. Please note that email is not encrypted and not considered to be a secure means of providing credit card information.

 

Accuracy and retention

 

You have the right to annually request written documentation, free of charge, on the personal information we have relating to you. You are also entitled at any time to request access to and correction of all personal data you have provided to us, or to request removal of your name and other personal data from High Softies’ customer database and/or marketing/newsletter list by contacting our customer service at info@highsofties.com. If you are registered with High Softies on our website and would like us to remove your data from our marketing/newsletter list, please click on the unsubscribe link in your next email from us. Notwithstanding the above, High Softies reserves the right to keep and process your personal data in accordance with this policy to the extent necessary to process your purchase or to perform any other service requested by you.

 

How do I unsubscribe from High Softies newsletters and email updates?

 

If you have registered to receive newsletters or email updates from us, and you no longer wish to receive these newsletters/email updates, you can unsubscribe as indicated in the particular communication, i.e., by using the unsubscribe link which is included on all newsletters/email updates.

 

How long do we keep your data?

 

We will keep your data for as long as it is necessary to process your order or perform any services requested by you, or for a longer period of time if required by law or if necessary to resolve any disputes, prevent fraud or abuse, or to enforce our Terms and Conditions.

 

What happens if you do not disclose your personal data to us?

 

If you do not provide us with mandatory personal data we may not be able to process your order or perform any services requested by you. When you purchase our products online, we will inform you which data is mandatory by marking certain fields with a symbol (*).

 

About cookies

 

Cookies are pieces of information a web site can send to your computer’s browser for record-keeping purposes. We use cookies to ascertain which web pages are visited and how often, to make our web site more user friendly, and to give you a better experience when you return to the website. For example, cookies allow us to save your password, so you do not have to re-enter it every time you visit our site. Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the “help” tab on your browser or read the information that came with your browser software. However, your visit to our website will be significantly enhanced if cookies are not disabled. If you do not disable your cookies, you accept our collection and storage of any of your personal information that such cookies contain.

 

Children's privacy

 

High Softies does not wish to collect personal information from anyone under the age of fifteen (15).

 

Legal purchase age

 

If you are under eighteen (18), we require that you inform and get your parents or guardians consent before purchasing anything at highsofties.com or any other website related to High Softies.

 

Acceptance of privacy and modifications

 

High Softies reserves the right to occasionally make changes to its privacy policy or practices. We will post the updated policy on our website, and thus we encourage you to review this page from time to time, particularly each time you use our online shop. You should therefore review this page from time to time to get updated information including in particular each time you use the online shop. We will notify you of any changes in our privacy policy by posting the modifications on our website.



 

Terms of use

 

The following terms and conditions (henceforth: the Terms and Conditions”) are valid between you and High Softies. Henceforth: High Softies; may be referred to as “us” and “we” and apply to all use of and orders placed on the High Softies website highsofties.com, and orders made by telephone, e-mail or by live chat with High Softies’ Customer Service team (henceforth together: the “Website”). Please note that High Softies does not guarantee that all products presented on the Website are in stock or are available for purchase. High Softies reserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older. High Softies reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order are always the terms and conditions that are in effect as of the time that you have placed your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.

 

Language

 

The language of the Terms and Conditions is English.

 

Placing order

 

By using the Website and/or placing an order on the Website, by telephone, e-mail or by live chat you confirm that you have read the Terms and Conditions and the Privacy Policy, and that you accept them; if you do not accept these Terms and Conditions and Privacy Policy, do not place an order. Please make sure that you have read and understood the Terms and Conditions before you place an order. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In such a case, you will be required to re-enter your selection of products to the shopping bag.

 

Order confirmation

 

After submitting your order, we will send you an order confirmation email with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order. Please note that all orders placed by you are subject to availability. Once the order has been processed, a shipping confirmation email will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order. Please note that High Softies does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by email. If we have already received payment for the product, we will refund you the amount of the purchase.

 

Colors

 

High Softies’ goal is to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Website can differ somewhat from their actual colors. High Softies cannot be held responsible for any such discrepancy.

 

Prices

 

The prices and delivery costs shown on the Website include sales tax. The prices may vary between the physical store and the Website. Please also note the High Softies may cancel the order even if it has been accepted by High Softies under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage. For international deliveries (outside the US) the delivery charge does not include the taxes and duties fee for bringing goods into your country. You are personally liable to cover those fees.

 

Personalized items

 

Personalized products through printing of initials cannot be returned or refunded. Once the order has been sent by the customer and confirmed by High Softies, the customer will be informed via an order confirmation email. Once the order is processed and accepted, the customer will receive a shipping confirmation email. Personalized items may be delivered in a time slot indicated on the site which may be longer than regular delivery slots. Because of the clearly personalized nature of personalized products and the fact that they are produced specifically for the customer, they cannot be returned, refunded or exchanged. Similarly, the customer does not have the right to cancel the order.

 

Payments

 

The following payments are accepted. Credit cards and debit cards

 

Payment can be made by the following credit cards: Visa, Mastercard and American Express. Payment can also be made by the following debit cards: Visa and Maestro. (Maestro and Visa Electron: please check with your bank to make sure your card is valid for online purchases). The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once High Softies has sent you the order confirmation email. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account upon acceptance of your order by High Softies. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to High Softies, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.

 

PayPal

 

When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.

 

Delivery

 

Shipping methods

 

We offer different shipping methods to meet your needs as further specified when you check out. Dispatch of orders may take up to 7 business days, but we aim to dispatch all orders within 24 hours during weekdays, or 1-2 business days during sales periods. Please note that delivery times are provided as guidelines only and commence from the date of dispatch. The delivery times do not consider possible delays caused by payment authorization and/or stock availability. If High Softies fails to deliver within 30 days, you may have the right to cancel the purchase. Your order will be delivered by UPS to the shipping address you have indicated. All orders are fully traceable by using the tracking link sent in the shipping confirmation email.

 

First-time order policy

 

For security purposes, High Softies reserves the right to ship first-time orders to the cardholder's verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.

 

Returns and exchanges

 

Returns

 

You are entitled to return your purchase for a refund or exchange your product/s by submitting or sending notice thereof to High Softies and postmarking/dispatching the product/s within 14 days of the date on which you have received the product, provided the product has not been materially used or worn.

 

The notice may be sent to us via an email to info@highsofites.com with (i) your order information, and (ii) that you request a refund or seek to exchange your purchase.

 

Please include the order number of the transaction with your request. In due course, we will send you a confirmation that we have received your notice and that it is being processed. Please always refer to your order number in all communications with us. You may wish to keep a copy of your return/exchange request for your own records.

 

Upon sending notification to us of your return or exchange request, please return the product/s as soon as reasonably practicable but no later than 7 days after sending your notice.

 

Your package should be returned to the following address:

 

High Softies

 

2035 Bay Street

 

#105

 

Los Angeles CA 90021

 

Refund relating to returns

 

High Softies will issue a refund of the amount paid to High Softies. However, if Express shipping has been used, High Softies will not issue a refund of the original shipping fee. High Softies will pay the refund within 14 days of the date on which we have received your notice of return/exchange, under the condition that High Softies has received the product/s from you or if High Softies has obtained proof that the products have been sent back to High Softies. The refund is made using the same payment method you used at the purchase if you do not explicitly accept another method. You will not be charged extra if another payment method is used.

 

Please note that High Softies only issues a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, High Softies then has the right to withhold such amount of the refund.

 

To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them, with tag and seal still attached.

 

Exchanges

 

Purchased products are exchangeable into a different size and color. All exchanges are based on stock availability. If you have exchanged a product, High Softies will pay the shipping costs for the new product (ground domestic only). Shipping costs for returning the products to High Softies is not free of charge unless the product is defective. Please use a carrier of your choice ensuring registered delivery.

 

Defective products

 

If you receive defective products, please notify us immediately and within a reasonable time after you have detected that the products are defective. If High Softies reasonably determines that the products are in fact defective, High Softies reserves the right to send you a non-defective identical replacement item or will make a full refund to you, including shipping costs.

 

High Softies’ quality guarantee

 

High Softies acts in accordance with applicable consumer regulations. Please notify us as soon as possible after receiving defective products.

 

Copyright permission notice

 

Copyright in the documents provided in this site (including, without limitation, the trademarks of High Softies, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to High Softies and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material, and you may not publish, duplicate or otherwise distribute the material to others without prior consent from High Softies. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For inquiries, please contact us at info@highsofties.com

 

Trademarks

 

High softies’ trademarks include but are not limited to the High Softies name and logo. Please note that your use of this Website does not grant you any rights to use our trademarks.

 

Privacy policy

 

Please see High softies’ separate Privacy Policy which can be found at www.highsofties.com.

 

Cookies

 

Cookies are used on the site to improve your browsing experience. In addition to statistical purposes, cookies identify your computer and allow the site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The Website cannot be accessed if cookies are disabled. By browsing the Website you consent to the use of cookies.

 

Security

 

High Softies uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. High Softies online shop secures communications by encrypting all data to and from the site. For security reasons, we do not store any payment information in our database.

 

No liability

 

While High Softies endeavors to keep your information private, in no event will High Softies be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Website, even if High Softies or its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, High softies’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to High Softies.

 

To the fullest extent permitted by applicable law, High Softies and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if High Softies or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

 

Resale Policy

 

You may purchase products on www.highsofties.com for personal use only and not for resale. By placing an order on www.highsofties.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.

 

Information on the website

 

High Softies cannot promise that the content of the site is free of inaccuracies or typographical errors. Neither can we guarantee that all information is up to date. High Softies may, at any time, amend the content of the site. Although High Softies strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where High Softies acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. High Softies cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. High Softies cannot guarantee problem-free, uninterrupted, and secure access to the site.

 

Links

 

The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.

 

Violation of rules

 

High Softies reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.

 

High Softies responsibility

 

High Softies liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will High Softies assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. High softies’ liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, High softies’ obligations will be suspended. The contract between you and High Softies can, in such cases, be partially or fully terminated by yourself or by High Softies.

 

Provisions severability

 

If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead, the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.

 

26. Claims resolution

 

Contact High Softies First

 

If a dispute arises between you and High Softies, our goal is to learn about and address your concerns. You agree that you will notify High Softies about any dispute you have with High Softies regarding these Terms & Conditions by contacting High Softies.

 

Binding Arbitration

 

You and High Softies agree, subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products and/or Subscription Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made.

 

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products(whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

 

Arbitration Procedures

 

You must first present any claim or dispute to High Softies by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to High Softies. High Softies may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 27(Notifications).

 

The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be New York, NY, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

 

Any arbitration shall be confidential, and neither you, nor High Softies nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

 

No Class Actions

 

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

 

Fees and Expenses

 

All administrative fees and expenses of arbitration will be divided equally between you and High Softies. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

 

Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, High Softies may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

 

Notifications

 

High Softies may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your High Softies account, hard copy, or posting of such notice on the High Softies website. High Softies is not responsible for any automatic filtering you or your network provider may apply to email notifications. High Softies recommends that you add @highsofties.comURLs to your email address book to help ensure you receive email notifications from High Softies.

 

Governing law

 

This agreement shall be governed by, construed and enforced in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms, or any items purchased from High Softies, shall be filed only in the courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, unless such action is required to be arbitrated as set forth in an above section.

 

Complete agreement

 

Except as expressly provided in a particular “legal notice” on the site, these terms & conditions, together with the privacy policy, constitute the entire agreement between you and High Softies with respect to use of the site and content.

 

Company information

 

High Softies LLC

2035 Bay Street

#105

Scottsdale AZ 85255

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