Terms of use

CORDS CLUB, INC.

TERMS OF OFFERING

Last Updated: February 18, 2026

Introduction

Welcome and thank you for your interest in Cords Club! These Terms of Offering (this “Agreement” or these “Terms”) describe the terms and conditions applicable to your access to and use of https://www.cordsclub.com, including all webpages, landing pages, storefronts, hosted checkout pages (including any Shopify or other third-party hosted checkout environments), any other pages, features, or content that link to, reference, or are operated in connection with the foregoing domain, whether hosted directly by the Company or by a third party on the Company’s behalf and whether or not through mobile, desktop, laptop, tablet, browser or any other access platform (collectively, the “Site”). The Site also includes any customer account features, checkout flows, subscriptions or memberships (if offered), and any offerings, products, services, content, communications, promotions, marketing programs and product features relating to the Site (collectively, the “Offerings”). The Offerings are made available by Cords Club, Inc., a Delaware corporation (the “Company,” “Cords Club,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS BY ACCESSING OUR OFFERINGS.

These Terms of Offering (this “Agreement” or these “Terms”) form a binding agreement between you as a user (“you” or “your”) and us and shall be the equivalent of a written paper agreement between you and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 25 BELOW BEFORE ACCESSING OUR OFFERINGS.

We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access the Site or our Offerings after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms of Offering, you must immediately stop using the Site and stop accessing our Offerings.

Offerings. Our Offerings include the following: (i) operating and maintaining the Site and related e-commerce and marketing functionality, including product offerings and listings, checkout flows, subscriptions or memberships (if offered), order processing, shipping, returns, and customer support; and (ii) integrating services and data from third-party platforms and providers that support the Offerings, such as e-commerce platforms, payment processors, fulfillment and shipping providers, analytics providers, advertising and marketing partners, and customer support tools (collectively, “Third-Party Offerings”). You acknowledge and consent to our discretion in modifying, updating, or otherwise altering the Offerings. Please be aware that the availability and functionality of Third-Party Offerings are governed by their respective terms of use and policies.

Acknowledgement and Disclaimers. By using our Site and accessing our Offerings, you acknowledge and agree to the following:
1. General information only. Information relating to our Offerings are provided for general informational, promotional, and commercial purposes only. Product descriptions, pricing, availability, marketing materials, and other content made available through the Site are provided “as is” and may change at any time. Except as expressly warranted in our Shop Policies, we do not warrant that product descriptions or claims, images, specifications, or other content are accurate, complete, reliable, current, or error-free.
2. Product use and reliance. You are solely responsible for determining the suitability, compatibility, and proper use of any products purchased through the Offerings. We make no representations regarding the results that may be obtained from the use of any products, and any reliance on the Offerings or products is at your own risk. More specifically:
3. Third-party services and content. The Offerings may include information, products, content, or functionality provided by third parties, including Third-Party Offerings. We do not control and are not responsible for the accuracy, availability, legality, or performance of any third-party products, services, or content.
4. No warranties regarding availability or errors. We do not guarantee that the Site or the Offerings will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We are not responsible for delays, inaccuracies, errors, or omissions related to the Offerings, including those arising from technical issues, third-party systems, or events beyond our reasonable control.
5. Refunds; Return Policy; Shop Policies. All purchases made through the Offerings are subject to our then-current refund, return, shipping, exchange, and shop policies made available through the Site (collectively, the “Shop Policies”), which are incorporated into these Terms by reference. By placing an order, you agree to comply with and be bound by the Shop Policies, which we may amend in our sole discretion from time to time. In the event of a conflict between these Terms and the Shop Policies, these Terms shall control unless expressly stated otherwise. Nothing in this section limits any rights you may have under applicable consumer protection laws.

General. Subject to the terms of this Agreement, you are responsible for your use of the Site and our Offerings, and for any information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade-names (collectively, the “Content”) you post to the Site, any Content you access from the Site, and for any consequences thereof.

Privacy. By accessing the Offerings, you expressly agree to be bound by the terms and conditions of this Agreement and our Privacy Policy (available at [https://cordsclub.com/pages/privacy-policy]) (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to this Agreement or the Privacy Policy, you may not access the Offerings. Any information that you provide to us is subject to the Privacy Policy, which governs our collection, use, and disclosure of your information. By accessing the Offerings, you acknowledge and consent to such collection, use, and disclosure as described in the Privacy Policy.

Accounts. Some Offerings require you to create an account. If you create an account, you agree that all information you provide will be true and accurate, and that you have the authority to create the account. You are responsible for keeping your account information secure and confidential. You agree to inform us promptly if you suspect that your account or login information has been compromised. If you provide the Company an email address as part of account creation, the Company may furnish you with written correspondence regarding your account and/or other Company-related material, including promotional materials.

Secondary Users. Although we strongly encourage each individual to access the Offerings separately and in their personal capacity, we recognize that you may, without our knowledge, provide or permit access to the Offerings to individuals other than yourself, some of whom may not separately agree to these Terms (each, a “Secondary User”). You are solely responsible for all Secondary User activities and interactions with the Offerings. You agree to ensure that all Secondary Users are aware of and comply with all restrictions of use in these Terms, the Privacy Policy, the Shop Policies and any other rules or requirements applicable to the Offerings. You are solely responsible for all actions taken by, and interactions with, Secondary Users, including providing any disclosures governing a Secondary User’s interaction with the Offerings and complying with any obligations required by us or by law. Any obligation imposed on you by these Terms shall apply equally to you and to any Secondary User.

By using our Site and accessing the Offerings, you represent and warrant that you and each Secondary User:

- If an individual, are at least 18 years old;
- Are legally qualified to enter a binding contract with us;
- Are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- Are not on any list of individuals prohibited from conducting business with the United States;
- Are not prohibited by law from using the Site or accessing the Offerings;
- Do not maintain more than one account for the Offerings; and
- Have not previously been removed from accessing the Offerings by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, we reserve the right to delete your account with us, to revoke all credentials held by you and any of your Secondary Users and to delete all Content uploaded by you to our Site. Failure to meet these minimum requirements may be grounds for the Company to deny you access to the Offerings. The Company shall have sole discretion to mandate, interpret, and enforce any such minimum requirements.

Content. Our Site may enable you, or your Secondary Users, to submit, upload, post, transmit, or otherwise make available certain Content through the Site. For purposes of this Section, “Content” refers to Content submitted, posted, or otherwise provided by you or your Secondary Users through the Site. By providing Content, in whatever form and through whatever means, you, or your Secondary Users, grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, host, copy, modify, prepare derivative works of, distribute, display, and otherwise exploit such Content, without limitation, in connection with the operation, improvement, and promotion of the Site and our Offerings.

If any Content includes Personal Information (as defined in the Privacy Policy), the Company’s use of such Personal Information will be governed by the Privacy Policy. You are solely responsible for all Content that you, or your Secondary Users, provide and represent and warrant that you either own such Content or have all rights, licenses, consents, and permissions necessary to grant the rights described in these Terms. You acknowledge and agree that you are responsible and liable if any Content provided by you or your Secondary Users violates or infringes the intellectual property, privacy, or other rights of any third party.

You hereby represent and warrant that any Content you, or your Secondary Users provide:

- Is not created solely for the purpose of advertising or other commercial content, including company logos, links or company names;
- Does not contain spam, unwanted contact, or content that is shared repeatedly in a disruptive manner;
- Does not endorse or promote illegal or harmful activity, is not sexually explicit, violent, graphic, threatening, or harassing;
- Does not attempt to impersonate another person, account, or entity, including a representative of the Company;
- Is not illegal and does not violate another person's or entity's rights, including intellectual property rights and privacy rights;
- Does not contain another person's private or confidential information, including content that is sufficient to identify a listing's location.

In connection with Content, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us the necessary rights granted in these Terms. You agree to defend, indemnify, and hold us harmless for all damage or liability we incur because of your violation of this section.

Your Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, AND YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT ROUTINELY CONDUCT SCREENINGS OR MONITOR ITS USERS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION CHECKS ON ITS USERS, AND DOES NOT INDEPENDENTLY VERIFY THE STATEMENTS OR REPRESENTATIONS MADE BY USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, OR INTERESTS OF USERS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE ARISING OUT OF OR RELATING TO INTERACTIONS BETWEEN USERS. NOTWITHSTANDING THE FOREGOING, THE COMPANY RESERVES THE RIGHT, BUT DOES NOT ASSUME ANY OBLIGATION, TO CONDUCT SCREENINGS OF ITS USERS, INVESTIGATE POTENTIAL VIOLATIONS OF THESE TERMS, OR RESTRICT OR REMOVE ACCESS TO THE OFFERINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

Compliance with Laws. You agree to access the Offerings only for lawful purposes, and to conduct any transactions that use the Site and access our Offerings in compliance with all applicable laws, rules, and regulations, including all federal and state laws and regulations relating to taxes, banking, money laundering, securities, and counterterrorism. You will not use the Site or access the Offerings for any fraudulent, deceptive, or illegal activity, or in any manner that violates these Terms or infringes the rights of any third party.

Fees. You agree to pay all fees and charges presented to you in connection with your purchase of the Offerings. Subject to applicable law and as authorized by our agreements with you, we reserve the right to adjust our pricing and fees at any time, including for new or renewing subscriptions. You may purchase a subscription on a recurring basis disclosed to you prior to your purchase, directly from the Company or through a third party, by paying a subscription fee plus applicable taxes in advance.

Subscriptions. The Company offers users the ability to purchase subscriptions to the Offerings through the Site or through third-party e-commerce, checkout, or payment platforms authorized by the Company, including Shop and Shopify (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below.

Automatic Renewal and Affirmative Consent. By completing a subscription purchase, you affirmatively consent to the automatic renewal terms disclosed at checkout, including the recurring billing amount, billing frequency, and cancellation procedures. You authorize the Company (or the applicable External Service) to charge your designated payment method on a recurring basis at the intervals disclosed, unless and until you cancel in accordance with the instructions provided below.

To cancel a subscription. You may cancel your monthly subscription at any time. To cancel, you must do the following:

Log-in to your Cords Club subscription account
Scroll down to the bottom of your Cords Club subscription dashboard/account. Click “Cancel subscription.”
Choose a cancellation reason and then click “Proceed to Cancel”

If you cancel, you will no longer receive the Offerings. Cancellation instructions may change from time to time. Please revisit these Terms or our Shop Policies to see updated instructions. If you experience difficulty completing the cancellation process, you may contact us at [help@cordsclub.com] for assistance; however, submitting a request by email does not itself constitute cancellation unless the cancellation is made pursuant to the instructions provided in this Section.

California Residents. If you are a California resident, this section serves as a clear and conspicuous notice pursuant to California's "Automatic Renewal Law" (Cal. Bus. & Prof. §17600, et seq) that discloses to you the terms of your subscription renewal, our cancellation policy, and instructions on how to cancel your subscription.

New York Residents. If you are a New York resident and choose to establish automatic renewals of your subscription for a period of one year or longer, you acknowledge and agree that we are required to provide you with notice of upcoming automatic renewals between 15-45 days prior to the cancellation deadline for such renewals. This notice will include instructions on how to cancel the automatic renewal. By utilizing our automatic renewal services, you consent to receive such notifications in compliance with applicable New York law.

Renewal and Material Change Notices. Where required by applicable law, we will provide advance notice of (i) upcoming automatic renewals, or (ii) any material changes to subscription terms, including price increases, in the manner and timeframe required by law. Continued use of the subscription after the effective date of any disclosed change constitutes acceptance of the updated terms, except where cancellation is required to accept such changes under applicable law.

Chargebacks and payment reversals. If you initiate a chargeback or otherwise reverse a payment made in connection with an External Service Purchase, the Company may terminate or downgrade your account immediately, in its sole discretion, on the basis that you have indicated that you do not wish to continue a paid subscription relationship with the Company.

Your License to the Offerings. Subject to your payment of applicable fees and continued compliance with this Agreement and any separate agreements we may have with you, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable and personal license to access the Offerings as authorized in these Terms. Except for the limited license to access the Offerings identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring to you, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property of the Company, our third-party service providers or any other third party, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.

Restrictions On Use. You agree that you will not:
1. distribute the Offerings for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Offerings by way of the press or media or through any commercial network, cable or satellite system;
2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Offerings in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;
3. permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Offerings;
4. probe, scan or test the vulnerability of the Offerings and any system or network;
5. breach or otherwise circumvent any security or authentication measures;
6. access, tamper with, or use non-public areas or parts of the Offerings, or shared areas of the Offerings you have not been invited to;
7. access, search, or create accounts for the Offerings by any means other than our publicly supported interfaces;
8. promote or advertise products or services other than your own without appropriate authorization;
9. circumvent storage space, usage, or transaction limits for improper means, including attempting to circumvent our fees;
10. publish or share materials that are unlawful or indecent, or that contain extreme acts of violence or terrorist activity;
11. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
12. harass or abuse our personnel or representatives or agents performing services on behalf of the Company;
13. store, publish or share material that is fraudulent, defamatory, or misleading;
14. or violate the law in any way;

License Grant to Your Content. Except for Personal Information (as defined in the Privacy Policy), you hereby grant to the Company a perpetual, royalty-free, worldwide, non-exclusive, irrevocable, transferable, and sublicensable license to use, host, store, reproduce, display, modify, prepare derivative works of, and otherwise use any Content or other information you provide on or through the Site, or that you submit to the Company by email or other correspondence, solely for purposes of operating, providing, improving, and promoting the Offerings. The Company is not obligated to provide compensation of any kind for such license. Any Personal Information included in Content will be used and disclosed only in accordance with the Privacy Policy.

Except as expressly set forth in the Privacy Policy or otherwise agreed to by the Company in writing, the Company is not subject to any confidentiality obligations with respect to such Content. You represent and warrant that you have all rights necessary to grant the license set forth in this Section.

Suspension of Transactions and Offerings. Without limiting our ability to terminate this Agreement or our right to change, modify, suspend, or discontinue the Offerings at any time as set forth elsewhere in these Terms, we reserve the right, in our sole discretion and with or without notice, to suspend or cancel any transaction, order, or access to the Offerings, in whole or in part, where we reasonably believe such action is necessary due to suspected fraud, security issues, or compliance-related concerns.

Without limiting the foregoing, all orders are subject to acceptance by the Company. We may refuse, cancel, or limit any order in our sole discretion, including due to suspected fraud, errors in pricing or product information, or product availability. If we cancel an order after you have been charged, we will issue a refund in accordance with the payment method used.

Third-Party Links and Offerings. Our Offerings may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. The Company does not recommend or endorse any of the content, including without limitation any hyperlinks to, or content found, on other websites. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service. The Company will not be responsible for any damages you or any third party may suffer because of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.

Feedback. If you or any of your Secondary Users sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Offerings, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, without any attribution or compensation to any party, although we are not required to use any Feedback.

Assumption of Risks; Release.
1. You understand, acknowledge, and freely assume all risks, including physical, psychological and emotional risks (whether or not foreseeable to us or you), relating to your access or use of our Offerings. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, physical, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the access or use of our Offerings.
2. You understand and acknowledge there is no guarantee that Personal Information and transactions relating to our Site and Offerings or on the internet will be maintained confidential and secure. Your access or use of our Offerings is at your own risk, and that to the maximum extent permitted by applicable law we assume no liability or responsibility pertaining to our Offerings, your use of the Site or the receipt, storage, transmission or other use of your Personal Information.
3. By accessing or using our Offerings, you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, us from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to your access or use of our Offerings.
4. California Residents. To the maximum extent permitted by law, if you are a California resident, then you expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or dca@dca.ca.gov of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.

Indemnity. You agree to indemnify, defend and hold harmless the Company, its agents, suppliers, licensors, affiliates and their respective directors, officers and employees (collectively, the “Indemnified Parties”) against all losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) sustained, incurred or paid by any Indemnified Party directly or indirectly resulting from, arising out of, relating to or in connection with: (i) violation of these Terms by you, any Secondary User or other person using your account or credentials; (ii) your or any Secondary User’s access to or use of the Offerings, (iii) any information used, stored, or transmitted in connection with your account or credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you, any Secondary User or anyone using your account or credentials; or (v) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.

Limitations on Liability and Disclaimers.
1. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN OUR SHOP POLICIES, THE OFFERINGS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
2. NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
3. ADDITIONAL LIMITATION. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SITE OR OUR OFFERINGS; ANY OTHER WEBSITE ACCESSED TO OR FROM THE SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
4. AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER OR RELATING TO THE SITE OR OUR OFFERINGS BE MORE THAN THE VALUE OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THE SITE, OUR OFFERINGS, OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURS. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

Term and Termination.
1. Modification or discontinuation of Offerings. We may, at any time and in our sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Offerings, either temporarily or permanently.
2. Account suspension or termination. At any time and in our sole discretion, without prior notice, and without any liability to you, we may (i) cancel or deactivate your account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all Offerings for any reason or for no reason. We are under no obligation to disclose our reason for any termination or suspension of the Offerings to you or generally.
3. Effect of termination. In the event of any termination of this Agreement, discontinuation of the Offerings, or termination of your right to access the Offerings: (i) all fees and amounts payable to us by you shall immediately become due, (ii) we may delete any of your user data without any liability to you, provided that we also reserve the right to retain your user data for seven (7) years following termination; and (iii) we may cancel any open order, trades, or transactions that are pending at the time of the termination of your right to access the Offerings or discontinuation of the Offerings. We reserve the right to retain aggregated anonymized user data for longer to improve Offerings, prevent fraud and produce aggregated statistics.
4. Survival. The provisions of these Terms relating to indemnification, our limitations of liability and disclaimers, your warranties and any other provisions which by their terms should reasonably survive termination, shall survive termination of the Offerings or this Agreement.

Separate Agreement. From time to time, we may enter into separate agreements to govern your use of the Offerings. Except otherwise replaced by the terms of such separate agreements, these Terms shall govern and control with respect your use of the Offerings.

Notices. We may provide you with notices in any of the following methods: (1) via the Offerings, including by a banner or pop-up within the applicable Site, Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number, SMS or text message or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. If we choose to notify you through electronic communication, you agree to receive such communications, including but not limited to our applicable policies, statements, reports, invoices, receipts, disclosures, legal or regulatory statements or documents via electronic delivery.

SMS and Mobile Communications. By providing your mobile phone number to the Company through the Site or in connection with the Offerings, whether through account registration, checkout, subscription enrollment, promotional sign-up forms, or otherwise, you consent to receive recurring automated, transactional, and/or promotional text messages (SMS and MMS) from or on behalf of the Company at the mobile number provided. These messages may include order confirmations, shipping updates, account notifications, subscription reminders, marketing promotions, abandoned cart reminders, and other information relating to the Offerings.

You understand and agree that: (i) consent to receive marketing text messages is not a condition of purchasing any goods or services; (ii) message frequency may vary; (iii) message and data rates may apply; and (iv) text messages may be sent using an automatic telephone dialing system or other automated technology.

Opt-Out Instructions. You may opt out of receiving marketing text messages at any time by replying “STOP” to any text message you receive from us. After you send “STOP,” you will receive a confirmation message that you have been unsubscribed. Following such confirmation, you will no longer receive marketing text messages from that program, unless you subsequently re-enroll. If you need assistance, you may contact us at [help@cordsclub.com].

Please note that opting out of marketing messages does not prevent you from receiving transactional or service-related text messages, including order confirmations, shipping notifications, security alerts, or other communications necessary for your account or purchases.

Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.

Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets or patents, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by binding arbitration. The location of the arbitration will be determined by the Company to be in either (i) the state of your residence or (ii) the county and state of our chosen legal counsel at the time of the dispute. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Disputes will not be resolved in any other forum or venue. You agree that any arbitration will be conducted by a sole arbitrator. Pre-arbitration discovery will be limited to the greatest extent provided by the rules of AAA, the arbitration award will not include factual findings or conclusions of law, and no punitive damages will be awarded. Notwithstanding any other rules, no arbitration proceeding brought against the Company will be consolidated with any other arbitration proceeding without the Company’s written consent. Judgment may be entered upon any award granted in any arbitration in any court of competent jurisdiction in the county and state in which the Company maintains its principal office at the time the award is rendered, in the county and state where the Company is organized or incorporated or in any other court having jurisdiction. The arbitrator will, in the award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail.

NOTICE: BOTH YOU AND THE COMPANY ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS ARBITRATION AGREEMENT, BOTH YOU AND THE COMPANY ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. BY AGREEING TO ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS TO THE EXTENT APPLICABLE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. BOTH YOU AND THE COMPANY CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

Governing law. This Agreement shall be governed pursuant to the laws of the State of Delaware, USA, without regard to principles of conflict of laws. You agree that the Company may initiate a proceeding related to the enforcement or validity of the Company’s intellectual property rights in any court having jurisdiction. With respect to any proceeding that is not subject to arbitration under this Agreement or policies incorporated herein, you agree that any proceedings shall be in the federal or state courts located in Delaware. You waive any objection to venue and to submit to personal jurisdiction in any such courts.

Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

Entire Agreement. This Agreement as it may be amended from time to time in accordance with these Terms, and all other legal notices and policies on the Site, constitute the entire agreement between you and the Company with respect to the use of Site and our Offerings.

Amendment and Waiver. In compliance with applicable law, the Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Site. You are responsible for periodically reviewing the amendments on the Site, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using the Site or accessing the Offerings. Access to the Site or use of the Offerings after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

Inurement. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

Assignment. You shall not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, which we may withhold at our sole and absolute discretion. Any actual or attempted assignment by you contrary to the terms of this Agreement shall be null and void. We may, in our discretion, assign or transfer some or all of our rights or obligations under this Agreement to a third party, without your consent or approval. If we are acquired by, sold to, or merged with a third-party entity, we reserve the right to transfer or assign this Agreement and transfer or assign your information, including Personal Information, as part of such merger, acquisition, sale, or change of control, in accordance with the Privacy Policy.

Support. Please direct questions, complaints, or issues to [hello@cordsclub.com].

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