Terms of Use (Terms & Conditions)
Effective Date: February 22, 2024
Last Updated: September 12, 2024
Release Twenty-Two, LLC ("Release Twenty-Two," "we," "us," or "our") offers this website, along with all the information, tools, and services available here, to you, the user. Your use of this site is conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.
By using our website, any of our services, or purchasing our products, you agree to be bound by the following terms ("Terms of Use"), including any additional terms and policies referenced herein and/or available by hyperlink.
These Terms of Use apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and content contributors. If you do not agree with our terms, policies, and/or practices, please discontinue your use of our website and services immediately.
1. General Conditions
Any new features or tools added to the current store will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Please be aware that this site is hosted by Shopify, Inc. Therefore, any terms or policies related to the way Shopify hosts this site for us to provide our services to you should be viewed from Shopify's terms and/or policies.
Release Twenty-Two reserves the right to define, limit, refuse, and/or cancel orders, as well as to remove any customer accounts from our site due to direct violations against these Terms of Use. If your access has been affected due to these circumstances, and you would like to explain your case, please contact us at privacy@releasetwentytwo.com. Please note that the reinstatement of your access will be considered at our discretion but is not guaranteed.
2. Intellectual Property Rights
All associated intellectual property, including but not limited to trademarks, logos, copyrights, designs, and any other proprietary content, are the sole property of Release Twenty-Two, LLC, unless otherwise stated. These intellectual property rights are protected under applicable laws and international treaties.
a. Trademarks
Our trademarks, including our brand name, logo, and any related marks, are registered and protected. They are our exclusive property, and their use without express permission is strictly prohibited. Any unauthorized use of our trademarks may result in legal action.
b. Copyrights
All content, including but not limited to designs, images, graphics, and other materials displayed on our website, social media channels, and products are protected by copyright laws. These materials are the exclusive property of Release Twenty-Two, LLC. Users are prohibited from copying, reproducing, distributing, or using these materials without explicit permission from us.
c. Restrictions on Use
We appreciate your support and enthusiasm for Release Twenty-Two, and we encourage you to share your love for our products. However, we have some guidelines and restrictions regarding the use of our intellectual property:
- Non-Commercial Use: You are welcome to share our content on social media platforms for personal, non-commercial purposes, provided that you attribute the content to Release Twenty-Two and do not alter or modify it in any way.
- Commercial Use: Any commercial use, reproduction, or distribution of our intellectual property is strictly prohibited without our prior written consent. This includes using our trademarks or copyrighted materials for marketing, sales, or any other commercial purposes.
- Modification: You are not permitted to alter, edit, or manipulate our intellectual property in any way that might misrepresent or damage our brand's image.
- Unauthorized Associations: Do not use our intellectual property in a way that might suggest an affiliation, endorsement, or sponsorship without our explicit permission.
3. Personal Information
a. Collection of Personal Information
We may collect personal information from you when you interact with our website or engage with our services. This information may include, but is not limited to:
- Contact information (e.g., name, email address, shipping address, phone number).
- Payment information (e.g., credit card details) for processing orders.
- Information you provide when you contact our customer support team.
- Information you share when participating in surveys, contests, or promotions.
- Technical information such as your IP address, browser type, and device information collected through cookies and similar technologies. See our Cookie Policy for more details.
b. Use of Personal Information
We use your personal information for various purposes, including:
- Processing and fulfilling your orders and requests.
- Providing customer support and addressing inquiries or issues.
- Sending you transactional and promotional communications (you can opt-out of promotional emails at any time).
- Personalizing your experience on our website and tailoring product recommendations.
- Conducting research, surveys, and analysis to improve our products and services.
- Complying with legal obligations and preventing fraud.
The data we collect is primarily used to enhance your shopping experience, provide you with personalized content and offers, and improve our services. For more detailed information on how we handle personal information, including your rights and choices, please refer to our Privacy Policy.
4. Accuracy, Completeness, and Timeliness of Information
a. Accuracy of Information
We take ever precaution and carefully review information to provide you with accurate information. However, it is essential for you to acknowledge and agree that despite our best efforts, occasional errors or inaccuracies may occur within our website's content. Therefore, we explicitly state that you should not solely rely on the information provided on our website. We strongly recommend that you independently verify critical information whenever necessary.
b. Completeness of Information
We take ever precaution and carefully review information to provide comprehensive and complete information to you. Much like the accuracy of information, it is essential for you to acknowledge and agree that there may be certain limitations that may occur preventing the completeness of information on our website. These limitations may include, but are not limited to occasional gaps in coverage or delays in updates. However, we are committed to ongoing improvements and expansions to mitigate these limitations.
c. Timeliness of Information
In addition to providing accurate and complete information, we recognize the importance of providing timely information. To ensure the timeliness of our content, we our committed to taking the necessary steps and following procedures for regular content updates on our website. However, it is again essential for you to acknowledge and agree that certain details may become outdated over time, and we strongly urge you to exercise caution and use your best judgment when relying on information that may be subject to change.
d. User Responsibilities
To ensure the accuracy, completeness, and timeliness of all information on our website, we ask that you share in the responsibility to uphold that all information on our website follows these guidelines. We encourage you to promptly report any inaccuracies or outdated information you may come across while using our website. Your feedback is invaluable in helping us maintain and improve the quality of our services.
e. Disclaimers
To protect the interests of both you and us, we must explicitly clarify that we cannot be held liable for any inaccuracies, incompleteness, or delays in providing information. By using our website, you acknowledge and accept this disclaimer as a fundamental aspect of your engagement with our services and website. You also acknowledge and agree that you are using the information on our website at their own risk, and that we cannot guarantee its absolute accuracy, completeness or timeliness.
5. Product Information and Availability
- Product Information: Release Twenty-Two primarily offers a wide selection of athleisure apparel for men and women. We pride ourselves on offering a diverse range of high-quality clothing, accessories, and jewelry products designed to suit various tastes and preferences, and we pay meticulous attention to design, materials, and functionality to ensure that each item you purchase reflects our commitment to style and quality.
- Product Accuracy: We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor's or other device's displays will be accurate. As of the current terms, all sales are final and we do not offer returns, exchanges, or refunds.
- Product Availability: We make every effort to ensure that our products are readily available for purchase. However, please note that availability may vary depending on factors like demand, production capacity, and/or manufacturer availability. As a result, certain items may be temporarily out of stock or available in limited quantities. We recommend subscribing to our newsletter, back-in-stock notifications, or following us on social media to stay updated on new arrivals, restocks, and exclusive offers. We also encourage you to check our website regularly for the most up-to-date product availability information.
- Product Limitations: We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6. Modifications to the Service and Prices
a. Service Changes
Release Twenty-Two reserves the right to make changes to our service at any time, for any reason, without prior notice. These modifications may include, but are not limited to:
- Enhancements: We may introduce new features, functionalities, or improvements to enhance your shopping experience.
- Technical Updates: To ensure the security and stability of our platform, we may need to update or modify our systems.
- Compliance: Changes may be necessary to align with legal or regulatory requirements.
- Business Strategy: Occasionally, we may make changes to align with our overall business strategy.
b. Price Changes
- Regular Price Changes:
- Pricing Adjustments: Release Twenty-Two reserves the right to change the prices of our products or services at any time. These changes may be due to market conditions, supplier costs, or other factors affecting pricing.
- Notification: When we make changes to the prices of our products or services, we will make reasonable efforts to notify you. This notification may include updates on our website, emails, or other communication channels.
- Effective Date: Pricing changes will typically take effect immediately upon notification, unless we specify a different effective date.
- Promotions and Discounts:
- Temporary Price Reductions: Periodically, we may offer promotions, discounts, or special pricing for our products or services. These promotions may have their terms and conditions, and they are subject to change at our discretion.
- Notification: We will communicate any changes to promotional or discount prices as soon as possible, typically before they take effect.
To stay informed about any modifications to our service or pricing changes, we recommend that you regularly check our website and review the notifications and emails we send. By continuing to use our service, you acknowledge and accept our right to make these modifications.
7. Terms of Sale (Purchases and Payments)
a. Payment Method
When making a purchase on the Release Twenty-Two website, we offer various secure and convenient payment methods to choose from. These methods may include credit card payments, debit card payments, and other online payment platforms (e.g., PayPal, Apple Pay, Google Pay, Shop Pay, etc). All payments made are subject to the chosen payment provider's encryption technology to protect your payment information. For more information on how each provider encrypts and protects your payment information, please refer to their respective terms and policies.
b. Sales Tax
As of the current terms, Release Twenty-Two only collects sales tax on orders shipped to addresses within the state of Michigan, where our company is located. The applicable sales tax rate is based on the prevailing tax laws of Michigan. For orders shipped to other states or countries, you are responsible for complying with the local tax regulations and may be required to report and pay any applicable taxes directly.
c. International Import Duties and Taxes
For international orders, it's important to be aware of potential import duties and taxes imposed by the customs authorities of your country. These charges are separate from the product price and shipping fees and are your responsibility to pay for. Release Twenty-Two is not responsible for these charges, and said charges are not included in the total cost displayed at the time of purchase.
d. Order Processing
Once you place an order on our website, we will promptly process it. Our standard processing time typically ranges from 2 to 3 business days, but please note that processing times may vary during peak seasons or promotional periods.
e. Order Refusal
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
f. Order Cancellations and Refunds
You acknowledge that you cannot cancel any order after it has been placed, and that it is you sole responsibility to review your order details and carefully enter your information at the time of checkout. Release Twenty-Two may grant cancellations under extreme circumstances; however, we reserve the right to decline any request for cancellation if deemed not applicable under said circumstances.
Our Right to Cancel Your Order: We reserve the right to cancel your order in specific circumstances. This includes, but isn't limited to:
- inaccuracies in product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability
- violations of our terms of use
- any fraudulent or suspicious activities related to your order, or
- any other relevant situations that we consider necessary
Refund Processing: In the event we cancel your order, it's crucial to acknowledge the following refund processing timeline:
- Orders Suspected of Fraud: If an order is canceled due to suspected fraudulent activity, you acknowledge that refunds will not be issued as the order was never processed. We only process orders that have successfully cleared our security checks.
- Other Cancellations: Refunds for approved cancellations, will typically be processed within 2-3 business days from the cancellation date. Please note that the time it takes for the refund to reflect in your bank account or on your credit card statement may vary. This can range from 2 to 14 business days based on your bank or credit card provider's policies.
For precise information about your refund's timing, please reach out to your bank or credit card provider directly. It is your sole responsibility to confirm and verify refund-related details with your bank or credit card provider. We will provide the necessary documentation and process the refund from our end, but the exact timing and handling of refunds depend on the policies and procedures of your financial institution.
8. Shipping, Returns, and Exchanges
a. Shipping Policy
All domestic orders are shipped via UPS. International orders to Canada, Australia, and the United Kingdom are shipped via USPS. We ask that you allow 2-3 business days for your orders to be processed before shipping. Estimated delivery dates are provided by the carrier and could be subject to change. For a detailed view on or shipping policies and guideline you can view them here: Shipping Policy
b. Shipping Cost
Cost Factors: You acknowledge that the shipping cost for your order is determined by various factors, including the destination, shipping method, package dimensions, and weight. Please note that the shipping cost may vary for different items and delivery addresses, and you will be responsible for paying this cost, unless you qualify for free shipping.
Free Shipping: We occasionally offer free shipping promotions for eligible orders. To benefit from free shipping, you must meet the specified criteria, which may include a minimum order value or specific items. We reserve the right to modify the terms and conditions for free shipping at any time, including but not limited to changing the minimum order value, eligible items, or any other relevant details, without prior consent. These changes will be communicated on our website, and it is your responsibility to stay updated with the current terms associated with free shipping.
International Shipping Cost: For international orders, you agree that customs regulations, import duties, and taxes may apply in your country. These fees are solely your responsibility, and they are not included in the shipping cost displayed at checkout.
Shipping Cost Changes: We reserve the right to update our shipping costs and policies at any time without prior consent. Any changes will be displayed on our website, and it is your responsibility to review the current Shipping Policy terms before completing a purchase. By making a purchase on our platform, you agree to abide by these shipping cost policies.
c. Shipping Disclaimer
Release Twenty-Two is not responsible for delays in shipping that result from circumstances outside our control, such as extreme weather conditions, natural disasters, customs inspections, or other unforeseen events. We rely on our carrier, UPS, to fulfill deliveries within their specified timelines, but occasional delays may occur that are beyond our influence.
Additionally, while we take great care in packaging your order securely, we cannot be held liable for any damages, loss, or theft that may occur during transit. If you receive a damaged package that resulted in the damage of your order or your package has been lost by the carrier, please contact the carrier immediately and file a claim with them. We will provide you with any necessary documentation to assist with the claims process, but the resolution ultimately lies with the carrier.
d. Return Policy
As of the current terms, Release Twenty-Two will not accept nor process any return request for refunds, all sales are final.
e. Exchange Policy
You acknowledge that we offer exchanges under the specific conditions as listed below:
Exchanges are available to you if we send the wrong items or if items, as agreed upon, have arrived defective from us. Exchanges will be for the same items if they're in stock. However, you acknowledge that exchange items are subject to availability and that we cannot guarantee or reserve their availability at the time of your exchange. If the requested items are out of stock, we will issue a store credit (e-gift card) to you that can be used on future purchases.
Receiving a Store Credit for Out of Stock Items: Please note that when receiving a store credit for out-of-stock items, if your exchange is for one item from a multiple-item purchase, the store credit will be issued for the value of that specific item, which you can use for any future purchase. However, if your exchange is for the entire purchase, the store credit will be issued for the total purchase value, also to be used for any future purchase.
Exchanges We Don't Accept: It is important to note that we do not offer exchanges if you have selected the wrong size, quantity, color, or any other attribute of an item. We strongly recommend reviewing your order details carefully before proceeding with the checkout process.
How to Exchange a Defective Item: You can exchange a defective item by contacting our customer care team via email with details and any accompanying photographs you may have. In some cases, we may suggest keeping the items, otherwise we will provide you with a return shipping label for the prompt return of the faulty items. Once received, allow us 5-7 business days to process your exchange and resend the new items. You acknowledge the items must be unworn, unaltered, and undamaged, with the original tags and packaging intact.
Exchange Denial: Release Twenty-Two reserves the right to and will deny any exchange requests for items that have been worn, altered or damaged outside of our control. If we deny your exchange request, our Customer Care Team will promptly be in contact with you. In such cases, we will offer to return the items to you at your expense; however, if your preference is not to have the items returned, we will responsibly dispose of them.
International Exchange Costs: For international exchanges, you agree that all expenses incurred for return shipping, including associated costs and fees, are the responsibility of you. This includes shipping to our facility and back to the your location.
9. Accuracy of Billing and Account Information
When using our website, you agree that it is your responsibility to provide us with accurate billing and account details to facilitate smooth transactions and to ensure that your orders are processed correctly. Accurate information helps us maintain the integrity of your account and aids in delivering your purchases accurately and on time. Providing false or inaccurate billing and account information can have several adverse consequences, including:
- Order Processing Delays: Incorrect payment or shipping details can result in processing delays, potentially causing inconvenience and frustration for you.
- Failed Transactions: False billing information may lead to failed payment transactions, preventing you from completing your purchase.
- Fraud Prevention Measures: If false information is provided with malicious intent to deceive or engage in fraudulent activities, Release Twenty-Two takes such matters seriously. This may lead to account suspension, termination, and/or legal action.
- Delivery Issues: Inaccurate shipping addresses can result in delivery problems, including lost or misrouted packages.
- Account Suspension: Repeated instances of providing false information may result in the suspension or closure of your Release Twenty-Two account.
10. Discount Codes
Discount codes are offered at our sole discretion and are subject to change, modification, or termination without prior notice. These codes have no cash value, are non-transferable and are intended solely for promotional purposes.
Expiration: Each discount code that we issue to you has a limited validity period that will be clearly stated via the relevant email or marketing communication. It's essential to use the code within this specified time frame; otherwise, it won't be applicable. If a discount code expires, a new code will not be issued to replace the expired discount code, and you acknowledge that keeping track of the expiration dates are your responsibility.
Item Eligibility and Restrictions: Unless expressly mentioned in the email or marketing communication, discount codes can only be used on non-sale items. Items that are on sale, in the outlet, or are a part of any ongoing promotional offers, do not qualify for discount codes. Discount codes can not be combined with other offers, and only one discount code can be applied per order.
Charges and Fees: It is important to note that discount codes can only be applied to the cost of the non-sale items, they cannot be applied to cover shipping charges, sales tax, or any other possible fees not related to the original item cost. You acknowledge that these charges will still be applied after the discount has been deducted.
Exchanges: If you exchange an item, in accordance to our exchange policy guidelines as mentioned in this Terms of Use, that has been purchased using a discount code, you will receive a store credit (e-gift card) based on the discounted price you paid.
11. User Accounts
Creating Your Account: When you create an account, it's essential to provide accurate and up-to-date information. Make sure to keep this information current as changes occur.
Securing Your Account: Your account's security is your responsibility. Keep your username and password confidential. If you suspect any unauthorized access, notify us immediately.
Age Verification: By creating an account, you confirm that you're legally eligible to enter into contracts in your area. If you're under the legal age, you agree that you have obtained the necessary consent from a parent or guardian.
Account Termination: We hold the right to suspend or terminate your account if there's a violation of terms, fraudulent activities, or misuse of our services.
Providing Accurate Information: You agree that the information you provide during account setup or while using our services is accurate. Misleading or false information may lead to termination of your account.
Using Your Account: Your account is for your personal use only. Don't share your credentials or allow others to access your account. We're not liable for any losses due to unauthorized access.
Modifying Your Account: If you wish to modify or delete your account information, you can typically do so following the procedures we provide.
12. User Content and Contributions
We value your contributions and engagement on our website and social media channels and want to ensure a safe and respectful environment for all users. When you provide comments, creative ideas, suggestions, or any other material, whether at our request or of your own accord, it's important that you understand and acknowledge the guidelines that govern your contributions. By using our website, you agree to grant us certain rights related to your content, abide by our content guidelines, and take responsibility for your comments.
a. Your Comments and Submissions
If, at our request, you send specific submissions, or without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, 'comments'), you acknowledge that have the unrestricted right to edit, copy, publish, distribute, translate, and otherwise use your comments in any medium at any time.
We are not obligated:
- To maintain your comments in confidence.
- To provide compensation for your comments.
- To respond to your comments.
b. Content Monitoring and Removal
We reserve the right, but not the obligation, to monitor, edit, or remove content that, in our sole discretion, is:
- Unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
- In violation of any party's intellectual property rights or these Terms of Use.
You acknowledge that your comments must not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, your comments must not contain libelous or otherwise unlawful, abusive, or obscene material. Promotional links or links that carry computer viruses or other malware are also prohibited as mentioned in this Terms of Use.
C. User Identity
We value authenticity and accountability within our online community and while we respect your privacy, we also prioritize a trustworthy environment. When engaging with our website and social media channels, you agree to uphold transparency regarding your identity.
Authenticity: Users are encouraged to use real identities or credible pseudonyms when participating in discussions or submitting content. Authenticity fosters meaningful interactions and credibility within our community.
Responsible Conduct: Users are expected to maintain respectful and responsible conduct in their interactions. Impersonation, fraudulent activities, or misrepresentation of identity are strictly prohibited and may result in account suspension or removal of access.
Account Security: Users are responsible for maintaining the security of their accounts. Sharing login credentials or engaging in activities that compromise account security are not permitted.
Reporting Concerns: Should users encounter identity-related issues or suspect fraudulent activities, we encourage prompt reporting to our support team for swift resolution.
13. AI Chatbot Assistance
Our online store now features an AI-powered chatbot designed to assist with customer inquiries and provide general information. While we strive to ensure that the chatbot delivers accurate and up-to-date information, please be aware that it is an automated system and may occasionally produce errors or incomplete responses.
Disclaimer of Liability: This chatbot is provided by a third-party service; thus, we do not guarantee the accuracy, reliability, or completeness of the information provided by the AI chatbot. By using the chatbot, you acknowledge and agree that any reliance on the information provided is at your own risk. We expressly disclaim any liability for any errors or omissions in the content provided by the chatbot.
User Responsibility: It is your responsibility to verify any critical information obtained through the chatbot, especially before making decisions based on the provided information. If you have any doubts or require clarification, please contact our customer care team directly through email at support@releasetwentytwo.com.
Contact Information: Should you encounter any issues or inaccuracies while using the chatbot, or if you require further assistance, we encourage you to reach out to our customer care team at support@releasetwentytwo.com.
14. Third-Party Links
Our website may contain links to third-party websites or external resources. Release Twenty-Two does not exercise control over the content, availability, or accuracy of third-party websites linked from our website. Your use of third-party links is undertaken at your sole risk. We explicitly disclaim any liability for any harm or losses arising from your interactions with these external websites.
Prior to interacting with any third-party websites, we strongly advise you to carefully review their respective terms of service and/or privacy policies. You should exercise diligence and judgment to make informed decisions when navigating to external websites. Any access to or use of third-party websites is governed by their own terms and policies, not those of Release Twenty-Two.
15. Cookie and Privacy Policy
We may collect certain personal information from you, such as your name, email address, and other relevant details when you engage with our website and services. Also, you acknowledge that our website uses cookies, which are small data files stored on your device that help us enhance your browsing experience by remembering your preferences and tracking how you use our website. You can learn more about the way we use and share your information, the way we use cookies, and your rights in accordance with them by viewing our Cookie Policy and Privacy Policy.
16. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in relation to our services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or on any related website, should be taken to indicate that all information on our website or on any related website has been modified or updated.
17. Prohibited Activities
In addition to other prohibitions as set forth in this Terms of Use, you are prohibited from using the site or its content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of our website and services or any related website, other websites, or the Internet.
It is imperative to understand that violating any of the aforementioned prohibited activities carries serious consequences. We reserve the right to immediately, and without warning, terminate your use of our website or services, and take legal action against you if necessary. We are committed to maintaining a safe and respectful online environment for all users, and any breach of these terms will not be tolerated. You may face account termination, legal penalties, and potential civil liabilities. We encourage you to adhere to these guidelines and promote a positive and constructive online community.
18. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, 100% secure or error-free. We may remove our website for indefinite periods of time or cancel the site at any time for maintenance, legal reasons, or any other specific circumstances, without notice to you. You expressly agree that your use of, or inability to use, our website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Release Twenty-Two, our parent, subsidiaries, affiliates, partners, directors, officers, employees, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or any products procured using the website, or for any other claim related in any way to your use of our website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our website or any content (or product) posted, transmitted, or otherwise made available via our website, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. We also strive to make our website accessible to individuals with disabilities and aim to follow recognized accessibility standards, such as the Web Content Accessibility Guidelines (WCAG) 2.1. However, we do not represent, warrant, or guarantee that our website will always be fully compliant with accessibility requirements, including the Americans with Disabilities Act (ADA), or that it will be entirely free from accessibility barriers. Additionally, we disclaim any liability for accessibility issues caused by third-party tools or services used on our website. Your use of the website remains at your sole risk, including any accessibility-related concerns.
19. Indemnification
You agree to indemnify, defend, and hold harmless Release Twenty-Two and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use, which includes but is not limited to:
- (a) violation of any applicable law or regulation
- (b) infringement of intellectual property rights
- (c) violation of third-party rights, or
- (d) any other actions or omissions that result in liability for Release Twenty-Two.
You shall promptly notify Release Twenty-Two in writing of any claim or demand for which you are obligated to indemnify us. You shall also cooperate fully in the defense of any such claim or demand. This indemnification provision shall be governed by and construed in accordance with the laws of the state of Michigan, USA, and any disputes arising under or in connection with this provision shall be subject to the exclusive jurisdiction of the courts located within the state of Michigan, USA.
In addition, you agree to indemnify, defend, and hold harmless Release Twenty-Two and its affiliates, employees, agents, and service providers from any claims or demands, including reasonable attorneys’ fees, arising out of or related to alleged violations of accessibility standards or the Americans with Disabilities Act (ADA), including any claims made by third parties based on the accessibility or inaccessibility of our website.
20. Governing Law and Dispute Resolution
Release Twenty-Two operates under the jurisdiction of the state of Michigan, USA, and all our agreements, including our Terms of Use and service contracts, are bound by Michigan's laws. In case of any disputes, we adhere to a structured arbitration process:
- Dispute Resolution: We favor arbitration for resolving disputes, but suggest a few other options prior to moving to arbitration:
- Informal Resolution: Start by reaching out to our customer care team via email at support@releasetwentytwo.com for an informal resolution, where our team works to find a quick solution.
- Mediation: If informal resolution fails, both parties can agree to mediation with a neutral third-party mediator facilitating discussions.
- Arbitration: If mediation isn't successful, we proceed to arbitration using an agreed-upon arbitration service, with the arbitrator's decision being final and legally binding.
You acknowledge that any dispute or claim arising from or related to these terms will be subject to mandatory binding individual arbitration. Arbitration is an alternative dispute resolution process that is typically less formal than traditional court litigation. It involves the submission of the dispute to a neutral third party, known as the arbitrator, who will make a binding decision. Importantly, this process does not involve a judge or jury.
In an arbitration proceeding, the arbitrator holds exclusive authority to determine issues regarding their own jurisdiction. This includes addressing objections related to the existence, scope, or validity of these terms and whether a particular claim or counterclaim is subject to arbitration. This approach is designed to facilitate and expedite dispute resolution.
While the arbitrator has the power to award similar damages and relief as a court, it's essential to note that certain types of relief, such as declaratory or injunctive relief benefiting parties outside of the arbitration, may not be granted. Furthermore, it's important to understand that this arbitration provision remains in effect even after the termination of these terms, ensuring its applicability beyond the expiration of the agreement.
a. Exceptions to Arbitration:
Notwithstanding the arbitration provision outlined above, both parties retain the right to take certain actions outside of arbitration. You agree that this provision does not waive, preclude, or limit your ability to:
- Initiate an individual action in a U.S. small claims court, which is a venue for handling small-scale disputes more informally.
- Commence an individual action in a court of law seeking temporary or preliminary individualized injunctive relief. This can be pursued while awaiting a final ruling from the arbitrator.
- Additionally, this clause does not prevent either party from bringing issues to the attention of relevant government agencies at the federal, state, or local levels. These agencies may, if the law permits, seek relief on behalf of one party against the other.
Any arbitration proceedings between you and Release Twenty Two, LLC will adhere to the Consumer Arbitration Rules of the American Arbitration Association (AAA). This set of rules is designed to govern arbitration proceedings in a consumer context and ensures a fair and consistent process.Furthermore, the Federal Arbitration Act is applicable and governs the interpretation and enforcement of this arbitration provision, regardless of any choice of law provision elsewhere in these terms.For detailed information on the AAA Rules and instructions on how to initiate an arbitration proceeding with the AAA, you may visit adr.org. Alternatively, you can contact the AAA directly at 1-800-778-7879 for further guidance.
Any disputes or claims regarding the accessibility of the website under the Americans with Disabilities Act (ADA) or similar laws may be subject to mandatory arbitration, except for claims seeking injunctive relief, which may be pursued in a court of competent jurisdiction. We encourage users to first seek informal resolution by contacting us regarding any accessibility concerns. However, in the event that informal resolution or mediation fails, ADA-related claims will proceed to arbitration, where the arbitrator will have authority to resolve such disputes.
21. Accessibility Statement
At Release Twenty-Two, we are committed to making our website and services accessible to individuals with disabilities. We strive to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1, a set of recognized standards aimed at improving website accessibility. However, accessibility is an evolving area, and while we continuously work to maintain and improve accessibility, we cannot guarantee that our website will always be fully compliant with these standards or other legal requirements, including the Americans with Disabilities Act (ADA).
If you experience any difficulty accessing any part of our website or services, please contact us at privacy@releasetwentytwo.com. We take accessibility concerns seriously and will make every reasonable effort to address any issues raised.
Please note that our website may contain third-party tools, plugins, or other content (such as embedded videos or maps) that we do not control. While we aim to ensure that all content on our site is accessible, we cannot guarantee the accessibility of third-party content or services. As such, we disclaim any responsibility for the accessibility of content or services provided by third parties, and you agree that any use of such third-party content is at your own risk.
22. Termination
The obligations and liabilities of both parties arising before the termination date will persist even after this agreement is terminated, ensuring that these prior commitments remain in effect.
These Terms of Use are in effect until terminated by either party. You have the option to terminate these Terms of Use at your discretion by informing us that you no longer intend to use our services or when you cease using our website. Additionally, if, at our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Use, or if we have reasonable suspicion of such failure, we reserve the right to terminate this agreement without prior notice. In such cases, you will remain responsible for all outstanding amounts up to and including the date of termination. Furthermore, we may deny you access to our services, or any part thereof, as a consequence of the termination.
23. Changes to this Terms of Use
You can view the most current version of our Terms of Use at any time by visiting the dedicated page on our website.
We retain the exclusive right, at our sole discretion, to update, modify, or replace any part of our Terms of Use, and when such changes occur, they will be posted on our website. It's crucial for you to stay informed about these updates as your continued use of or access to our website or the services we provide following the posting of any changes to these Terms of Use signifies your acceptance of those changes. While we may use means such as email notifications or prominent website announcements to communicate significant changes, it remains your responsibility to periodically review the Terms of Use to ensure compliance. Additionally, the date of the last update will be provided at the top of the Terms of Use page for transparency, allowing you to easily identify when the latest changes were made.
24. Contact Us
If you have any questions or concerns about our Privacy Policy or the way we use your personal information, please contact us at privacy@releasetwentytwo.com
or write to us at:
Release Twenty-Two
ATTN: Privacy Policy
220 W Congress St.
Suite #680
Detroit, MI 48226
Make sure to include your full name, mailing address and email address in the message if we need to get in contact with you.
