User Agreement

Welcome to the User Agreement (the “User Agreement”) of True South Apparel (here in after “True South Apparel” / “we” / “our” as applicable), www.truesouthapparel.co, its custom apparel website, and its storefront website (collectively, the “Sites”). This document governs your (“User” / “you” / “your” as applicable) use of the Sites and submission of materials and content to the Sites.

You understand and agree that by using the Sites and/or placing an order with True South Apparel that you are entering into a binding legal agreement on the following terms and conditions and have agreed to be bound by the terms and conditions in this User Agreement and all other policies incorporated herein. Further, you agree to use the Sites solely as described in this User Agreement.

True South Apparel reserves the right to amend and make changes to the Sites and to this User Agreement at any time without prior notice at its sole discretion.

Intellectual Property Rights

True South Apparel takes seriously the intellectual property rights of you and others. By accessing or using the Sites, you agree to be bound by True South Apparel’s Intellectual Property Policy, which is incorporated by reference. You further agree to abide by any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Sites.

The products created using images and fonts originated on our Sites are not intended to be resold commercially. If you plan to resell such products, you agree to contact True South Apparel to describe your intended use to ensure that your resale of such products is legal and authorized. The custom designs created using True South Apparel’s tools and images are the property of True South Apparel and not the User. True South Apparel retains the right to display (on its Sites or on social media) and/or modify any designs created through our Sites and/or offer variations of designs on its Sites and/or to its customers.

You agree to not use True South Apparel or its Sites to create any material that is unlawful, harmful, hateful, abusive, tortious, harassing, threatening, libelous, defamatory, obscene, vulgar, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable, or that infringes on any trademark, patent, copyright, trade secret, or other proprietary right of any third party. Further, True South Apparel, at its sole discretion, retains the right to reject any order that it considers unlawful, harmful, hateful, abusive, libelous, defamatory, obscene, profane (according to FCC standards), and/or any order that portrays irresponsible use of alcohol or other substances, advocating persecution based on any protected category (including but not limited to age, race, gender, religion, disability, or national origin), containing sexually explicit content or is otherwise inappropriate for True South Apparel’s production. If True South Apparel rejects any such order, and it is resubmitted, True South Apparel reserves the right to ban the User and/or IP address(es) submitting such order(s).

Intellectual Property Claims

If you believe that any materials accessible on or from the Sites infringe on your copyright or trademark, or that material you posted on the sites was removed by mistake, please review True South Apparel’s Intellectual Property Policy and fill out a Copyright & Trademark Infringement Form or contact True South Apparel’s intellectual property agent that has been designated to receive such notices in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Privacy Policy

True South Apparel and/or its Sites may collect personal identification information from users in a variety of ways. Your privacy is very important to us. The full text of True South Apparel’s Privacy Policy and True South Apparel’s CCPA Privacy Policy are incorporated by reference. 

Limitation of Liability / Indemnity

The information and materials contained in True South Apparel’s Sites, including content, graphics, text, links, or any other items, are provided “as is” and no warranty is made regarding the same. True South Apparel does not represent or guarantee that its Sites will be free from errors or viruses and does not represent or guarantee that access to the Sites will be uninterrupted. Further, True South Apparel does not warrant or make any representation about the adequacy, completeness, and/or accuracy of the information, content, and/or materials on the Sites and expressly disclaims liability for errors or omissions in this information, content, and/or materials. True South Apparel does not make any warranties or representations regarding any content uploaded to its Sites, including but not limited to that it will be protected against loss, theft, misuse, or alteration by third parties. No warranty of any kind, implied, express, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, or freedom from computer virus, is given in conjunction with the information, content, and/or materials.

By using our Sites, each User agrees that True South Apparel shall not be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with these Sites or any use thereof or inability to use by any party, or in connection with any failure of performance, omission, error, interruption, delay / non-receipt in operation or transmission, defect, computer virus, or line or system failure, even if True South Apparel, or representatives thereof, are advised of the possibility of such issues, damages, losses, or expenses.

By using our Sites, you expressly agree to release, defend, indemnify, and hold harmless True South Apparel, its Sites, and its affiliates, officers, directors, employees, agents, and representatives, from any and all demands, claims, damages, costs, and expenses, including reasonable attorneys’ fees arising from or relating to your use of the Sites, your violation of this User Agreement, and/or your violation of any rights of another. 

Payment / Shipment / Returns / Cancellation Policy

True South Apparel’s payment, shipment, returns, and cancellation policies can be accessed at the links below:

Governing Law

This User Agreement and any and all claims relating hereto shall be governed solely and exclusively by the laws of the State of Tennessee without regard to conflict of law / choice of law principles.

Dispute Resolution

Any disputes arising from or relating to your use of the Sites, this User Agreement, and/or a User’s relationship or dealings with True South Apparel shall be resolved solely and exclusively in a court of competent jurisdiction sitting in Shelbyville, Tennessee (i.e., a state court in Shelbyville, Tennessee or a federal court in the United States District Court for the Middle District of Tennessee). Both True South Apparel and the User submit to the venue and jurisdiction of such courts and waive the defense of an inconvenient forum.

THE PARTIES AGREE THAT AS TO ALL DISPUTES, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HER, HIS, OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Miscellaneous

Should any provision of this User Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this User Agreement in full force and effect. Notwithstanding the foregoing, if any such provision determined to be invalid, illegal, or unenforceable may be made valid, legal, or enforceable by modification thereof, then the party for whose benefit the provision exists may make such modification as may be necessary to make such provision valid, legal, or enforceable.

The headings and captions of this User Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this User Agreement. If True South Apparel waives and/or fails to take action with respect to any rights available to it under this User Agreement on one occasion, this does not mean that those rights have been waived and/or will automatically be waived on any other occasion.

Contacting Us

If you have any questions about this User Agreement, the practices of True South Apparel, or your dealings with these Sites, please contact us using the contact information provided below:

True South Apparel

889 Colloredo Blvd.
Shelbyville, TN 37160

Phone: +1 (502) 655-9867

Email: [email protected]