Terms of Service

Welcome to Shout Softly Shirts! Shout Softly Shirts is the operator of

shoutsoftlyshirts.com. Throughout these Terms of Service, the terms “we”,

“us” “shout softly shirts” and “our” refer to our company. Shout Softly Shirts

offers the Site, including all information, tools and services available from

the Site to you, the user, conditioned upon your acceptance of all terms,

conditions, policies and notices stated below. NOTE THAT SECTION 25

OF THESE TERMS OF SERVICE CONTAINS A MANDATORY

ARBITRATION PROVISION THAT REQUIRES THE USE OF

ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES

AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. Please

read these Terms of Service carefully before accessing, using our website

or opting to accept these Terms. By accessing or using any part of the site,

you agree to be bound by these Terms of Service. If you do not agree to all

the terms and conditions of this agreement, then you may not access the

website or use any Services. If these Terms of Service are considered an

offer, acceptance is expressly limited to your agreement to these Terms of

Service. Any new features or tools which are added to the current store

shall also be subject to the Terms of Service. You can review the most

current version of the Terms of Service at any time on this page. We

reserve the right to update, change or replace any part of these Terms of

Service by posting updates and/or changes to our website. You are

encouraged to review these Terms each time you use the Site because

your use of the Site after the posting of changes will constitute your

acceptance of the changes. We grant you a personal, limited, non-

transferable, non-exclusive license to access and use the Site. We reserve

the right, in our sole discretion and without notice to you, to revise the

products and Services available on the Site to change, suspend or

discontinue any aspect of the Site and we will not be liable to you or to any

third party for doing so. We may also impose rules for and limits on use of

the Site or restrict your access to part, or all, of the Site without notice or

penalty. Your continued use of the Site and the App will constitute your

acceptance of any such changes. Section 1 - Use of Site You may use the

Site only for your own noncommercial personal use and in compliance with

these Terms. You are responsible for your own communications, including

the transmission, uploading or posting of information to the Site and are

responsible for the consequences of such communications. Any other use

of the Site requires the prior written consent of Shout Softly Shirts.You may

not otherwise copy, modify, or distribute the contents of this Site without the

prior written consent of Shout Softly Shirts. You may not modify, publish,

transmit, participate in the transfer of, selling, create derivative works from,

or in any way exploit any of the content found on the Site, in whole or in

part. We require all members to agree not to use the Site, and specifically

prohibit any use of the Site, for any of the following purposes: Posting,

communicating or transmitting any material that infringes on any intellectual

property, publicity or privacy right of another person or entity; Engage in

any harassing, threatening, intimidating, predatory or stalking conduct;

Posting any information which is untrue, inaccurate or not your own; Use or

attempt to use another user’s account without authorization from such user

and Shout Softly Shirts. Use the Site, and Service in any manner that could

interfere with, disrupt, negatively affect or inhibit other users from fully

enjoying the Site, and Service or that could damage, disable, overburden or

impair the functioning of the Site, and Service in any manner. Engaging in

conduct that would constitute a criminal offense or give rise to civil liability

or otherwise violate any law or regulation; Attempting to interfere in any

way with the Site, or Shout Softly Shirts network security, or attempting to

use the Site or service to gain unauthorized access to any other computer

system; Using the Site to drop ship merchandise to third parties; Bulk

purchases for resale; Purchase of products for commercial use or in

connection with distribution via a commercial retailer. Use of the Service or

shipment of products outside the United State. Having more than one

account per household You may not use spiders, robots, data mining

techniques or other automated devices or programs to catalog, download

or otherwise reproduce, store or distribute content available on the Site.

Further, you may not use any such automated means to manipulate the

Site, such as automating what are otherwise manual or one-off procedures.

You may not take any action to interfere with, or disrupt, the Site or any

other user's use of the Site, including, without limitation, via means of

overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing

security or user authentication measures or attempting to exceed the

limited authorization and access granted to you under these Terms. You

may not frame portions of the Site within another web site. You may not

resell use of, or access to, the Site to any third party without the prior

written consent of Shout Softly Shirts. Section 2 - Site Not for Minors The

Sites are not targeted toward or intended for use by anyone under the age

of 18. By agreeing to these Terms of Service, you represent that you (a) are

18 years of age or older, (b) are a legal resident of the United States, (c)

have not been previously suspended or removed from the Sites, or

engaged in any activity that could result in suspension or removal from the

Sites, (d) do not have more than one Shout Softly Shirts account, and (e)

have full power and authority to enter into these Terms and in so doing will

not violate any other agreement to which you are a party. A breach or

violation of any of the Terms will result in an immediate termination of your

access to the Services. Section 3 - Fraud Protection As part of our order

processing procedures, we may screen received orders for fraud or other

types of unauthorized or illegal activity. We reserve the right to refuse to

process an order due to suspected fraud or unauthorized or illegal activity.

If we suspect fraudulent, unauthorized or illegal activity, we may reject your

order or we may contact you at the phone number or email address you

provided to confirm your order. We also reserve the right to cancel any

accounts or refuse to ship to certain addresses due to suspected fraud or

unauthorized or illegal activity. We take these measures to protect our

customers as well as ourselves from fraud or other unauthorized or illegal

activity. Section 5 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not

accurate, complete or current. The material on this Site is provided for

general information only and should not be relied upon or used as the sole

basis for making decisions without consulting primary, more accurate, more

complete or more timely sources of information. All descriptions, images,

references, features, content, specifications, products, and prices of

products and services described or depicted on the Site and the App are

subject to change at any time without notice. Certain weights, measures,

and other descriptions are approximate and are provided for convenience

purposes only. The inclusion of any products or services on the Site and

the App does not imply or warrant that these products or services will be

available. It is your responsibility to ascertain and obey all applicable local,

state, federal, and international laws (including minimum age requirements)

in regard to the receipt, possession, use, and sale of any item purchased

from this Site. This Site may contain certain historical information. Historical

information, necessarily, is provided for your reference only. We reserve the

right to modify the contents of this site at any time, we have no obligation to

update any information on our Site. You agree that it is your responsibility

to monitor changes to our Site. Your purchase will appear as

"shoutsoftlyshirts” on your credit card statement Section 6 - Modifications to

the Service and Prices We reserve the right at any time to modify or

discontinue the Service (or any part or content thereof) without notice at

any time. We shall not be liable to you or to any third-party for any

modification, price change, suspension or discontinuance of the Service.

Shout Softly Shirts reserves the right, with or without prior notice, to do any

one or more of the following: (i) limit the available quantity of or discontinue

any product or service; (ii) impose conditions on the honoring of any

coupon, coupon code, promotional code, or other similar promotion; (iii) bar

any user from making or completing any or all Transaction(s); and (iv)

refuse to provide any user with any product or service. Certain products or

services may be available exclusively online through the Service. These

products or services may have limited quantities and are subject to return

or exchange only according to our Return Policy. We do not warrant that

the quality of any products, services, information, or other material

purchased or obtained by you through the Service will meet your

expectations, or that any errors in the Service will be corrected. Section 7 -

Accuracy of Billing and Account Information You represent and warrant that

you have the legal right to use any credit card(s) or other payment

method(s) utilized in connection with any Transaction. By submitting such

information, you grant to Shout Softly Shirts the right to provide such

information to third parties for purposes of facilitating the completion of

transactions initiated by you or on your behalf. Verification of information

may be required prior to the acknowledgment or completion of any

transaction. You agree that by placing an order on the Site and agreeing to

these Terms, you are entering into a binding contract with Shout Softly

Shirts and agree to pay all charges that may be incurred by you or on your

behalf through the Site, at the price(s) in effect when such charges are

incurred including, without limitation, all shipping and handling charges. In

addition, you remain responsible for any taxes that may be applicable to

your Transactions. Your purchase will appear as "shoutsoftlyshirts" on your

credit card statement Section 8 - Additional Terms and Conditions You

agree that additional terms and conditions may apply to specific products,

orders or your use of certain portions of the Site or the App, including with

respect to ordering, shipping and return policies, review guidelines, and

refer a friend programs, including the “Additional Terms”

Additional Terms are made part of these Terms by reference. If there is a

conflict between these Terms and the Additional Terms, the Additional

Terms shall control. Section 9 - Optional Tools We may provide you with

access to third-party tools over which we neither monitor nor have any

control nor input. You acknowledge and agree that we provide access to

such tools ”as is” and “as available” without any warranties, representations

or conditions of any kind and without any endorsement. We shall have no

liability whatsoever arising from or relating to your use of optional third-

party tools. Any use by you of optional tools offered through the site is

entirely at your own risk and discretion and you should ensure that you are

familiar with and approve of the terms on which tools are provided by the

relevant third-party provider(s). We may also, in the future, offer new

services and/or features through the website (including, the release of new

tools and resources). Such new features and/or services shall also be

subject to these Terms of Service. Section 10 - Third-Party Links The

Service may contain links or connections to third party websites, products

or services that are not owned or controlled by Shout Softly Shirts. When

you access third party websites or use third party services or products, you

accept that there are risks in doing so, and that Shout Softly Shirts is not

responsible for such risks. We encourage you to be aware when you leave

the Service and to read the terms and conditions and privacy policy of each

third party website or service that you visit or utilize. Shout Softly Shirts has

no control over, and assumes no responsibility for, the content, accuracy,

privacy policies, or practices of or opinions expressed in any third party

websites or by any third party that you interact with through the Service. In

addition, Shout Softly Shirts will not and cannot monitor, verify, censor or

edit the content of any third party site or service. By using the Service, you

release and hold us harmless from any and all liability arising from your use

of any third party website or service. Your interactions with organizations

and/or individuals found on or through the Service, including payment and

delivery of goods or services, and any other terms, conditions, warranties

or representations associated with such dealings, are solely between you

and such organizations and/or individuals. You should make whatever

investigation you feel necessary or appropriate before proceeding with any

online or offline transaction with any of these third parties. You agree that

Shout Softly Shirts shall not be responsible or liable for any loss or damage

of any sort incurred as the result of any such dealings. If there is a dispute

between participants on this site, or between users and any third party, you

agree that Shout Softly Shirts is under no obligation to become involved. In

the event that you have a dispute with one or more other users, you

release Shout Softly Shirts, its officers, employees, agents, and successors

from claims, demands, and damages of every kind or nature, known or

unknown, suspected or unsuspected, disclosed or undisclosed, arising out

of or in any way related to such disputes and/or our Services. If you are a

California resident, you shall and hereby do waive California Civil Code

Section 1542, which says: "A general release does not extend to claims

which the creditor does not know or suspect to exist in his favor at the time

of executing the release, which, if known by him must have materially

affected his settlement with the debtor." Section 11 - User Comments,

Feedback, and other Submissions If you send certain specific submissions

without a request from us, or you send creative ideas, suggestions,

proposals, plans, or other materials (exclusive of your personally

identifiable information), whether online, by email, by postal mail, or

otherwise (collectively, “Comments”), you agree that we may, at any time,

without restriction, edit, copy, publish, distribute, translate and otherwise

use in any medium any Comments that you forward to us. We are and shall

be under no obligation (1) to maintain any Comments in confidence; (2) to

pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we

determine in our sole discretion are unlawful, offensive, threatening,

libelous, defamatory, pornographic, obscene or otherwise objectionable or

violates any party’s intellectual property or these Terms of Service. You

agree that your Comments will not violate any right of any third-party,

including copyright, trademark, privacy, personality or other personal or

proprietary right. You further agree that your comments will not contain

libelous or otherwise unlawful, abusive or obscene material, or contain any

computer virus or other malware that could in any way affect the operation

of the Service or any related website. You are responsible for all Comments

you contribute, in any manner, to the Service, and you represent and

warrant you have all rights necessary to do so, in the manner in which you

contribute it. You are responsible for all your activity in connection with the

Services. You may not use a false e-mail address, pretend to be someone

other than yourself, or otherwise mislead us or third-parties as to the origin

of any comments. You are solely responsible for any Comments you make

and their accuracy. We take no responsibility and assume no liability for

any Comments posted by you or any third-party.

Section 12 - Copyright Infringement In accordance with the DMCA, we’ve

adopted the policy below toward copyright infringement. We reserve the

right to (1) block access to or remove material that we believe in good faith

to be copyrighted material that has been illegally copied and distributed by

any of our advertisers, affiliates, content providers, members or users and

(2) remove and discontinue service to repeat offenders. Procedure for

Reporting Copyright Infringements. If you believe that material or content

residing on or accessible through the Services infringes your copyright (or

the copyright of someone whom you are authorized to act on behalf of),

please send a notice of copyright infringement containing the following

information to shoutsoftlyshirts.com/support. A physical or electronic

signature of the person authorized to act on behalf of the owner of the

materials being infringed, Identification of the material that is claimed to be

infringing including information regarding the location of the infringing

materials that the copyright owner seeks to have removed, with sufficient

detail so that Shout Softly Shirts is capable of locating and verifying its

existence. Contact information about the notifier including address,

telephone number and if available, the email address. A statement that the

notifier has a good faith belief that the material identified in (1)(c) is not

authorized by the copyright owner, its agent, or the law; and A Statement

made under penalty of perjury that the information provided is accurate and

the notifying party is authorized to make the complaint on behalf of the

Received by the Designated Agent. Upon receipt of a proper notice of

the infringing material, notify the content provider who is accused of

infringement that we have removed or disabled access to the applicable

material and terminate such content provider's access to the Services.

Procedure to Supply a Counter-Notice to the Designated Agent. If the

content provider believes that the material that was removed or to which

access was disabled is not infringing, or the content provider believes that it

has the right to post and use such material from the copyright owner, the

send us a counter-notice containing the following information to the

Designated Agent: A physical or electronic signature of the content

provider. Identification of the material that has been removed or to which

access has been disabled and the location at which the material appeared

before it was removed or disabled, A Statement that the content provider

has a good faith belief that the material was removed or disabled as a

result of mistake or misidentification of the material and Content provider's

name, address, telephone number and if available, email address and a

statement that such person or entity consents to the jurisdiction of the

Federal Court for the judicial district in which the content provider’s address

is located or if the content provider's address is located outside the United

States. That such person or entity will accept service of process from the

person who provided notification of the alleged infringement. If a counter-

notice is received by the Designated Agent, Shout Softly Shirts may, in its

discretion, send a copy of the counter-notice to the original complaining

party informing that person that Shout Softly Shirts may replace the

removed material or cease disabling it in 10 business days. Unless the

provider accused of committing infringement, the removed material may be

replaced or access to it restored in 10 to 14 business days or more after

receipt of the counter-notice, at Shout Softly Shirts discretion.

Section 13 - Service Names, logos or slogans that may appear on the Sites

or Products are licensed by Shout Softly Shirts and may not be copied,

imitated or used, in whole or in part, without our prior written permission.

You may not use any metatags or other “hidden text” utilizing “Shout Softly

Shirts” or any other name, trademark or Product or service name “Shout

Softly Shirts” without our prior written permission. In addition, the look and

feel of the Sites and Products, including, without limitation, all page

headers, custom graphics, button icons and scripts, constitute the service

mark, trademark or trade dress of Shout Softly Shirts and may not be

copied, imitated or used, in whole or in part, without our prior written

permission. All other Product names and company names or logos

mentioned on the Sites or Products are the property of their respective

owners and may not be copied, imitated or used, in whole or in part,

without the permission of the applicable owner, holder. Reference to any

products, services, processes or other information by name, trademark,

manufacturer, supplier or otherwise does not constitute or imply

endorsement, sponsorship or recommendation by Shout Softly Shirts.

Section 14 - Personal Information Your submission of personal information

through the store is governed by our Privacy Policy. The Children’s Online

Privacy Protection Act (“COPPA”) requires that online service providers

obtain parental consent before they knowingly collect personally identifiable

information online from children who are under 13. We do not knowingly

collect or solicit personally identifiable information from children under 13; if

you are a child under 13, please do not attempt to register for the Services

or send any personal information about yourself to us. If we learn we have

collected personal information from a child under 13, we will delete that

information as quickly as possible. If you believe that a child under 13 may

have provided us personal information, please contact us at

shoutsoftlyshirts.com/support.

Section 15- Errors, Inaccuracies, and Omissions Occasionally there may

be information on our site or in the Service 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 in the Service 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 in the

Service or on any related website, including without limitation, pricing

information, except as required by law. No specified update or refresh date

applied in the Service or on any related website should be taken to indicate

that all information in the Service or on any related website has been

modified or updated.

Section 17 - Disclaimer – Any information provided by us regarding the

products or otherwise (e.g. product descriptions, promotional videos, blog

posts, or instructions) is for informational purposes only. You should not

take any action based on any information contained on the Site. Use of the

Site is not meant to serve as a substitute for professional advice. You

should read and strictly follow all product labels, packaging inserts and

instructions and all manufacturer directions and warnings and seek

independent professional advice when appropriate.

Section 18 - Taxes Your total price will include the price of the product plus

any applicable sales tax; such state and local sales tax is based on the

shipping address and the sales tax rate in effect at the time you purchase

the product. We will charge tax only in states where the goods sold over

the Internet are taxable.

Section 19 - Prohibited Uses In addition to other prohibitions as set forth in

the Terms of Service, 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; (k) to interfere with or circumvent the security features of

the Service or any related website, other websites, or the Internet; or (l) in a

manner inconsistent with, or in violation of, these Terms. We reserve the

right to terminate your use of the Service or any related website for

violating any of the prohibited uses.

Section 20 - Disclaimer of Warranties; Limitation of Liability Shout Softly

Shirts attempts to display information on this site and in connection with the

Services as accurately as possible. However, Shout Softly Shirts does not

make any representations or warranties concerning any content contained

in or accessed on the Site or through the Services, and we will not be

responsible or liable for the accuracy, copyright compliance, legality, or

decency of material contained in or accessed through the Services. We

make no representations or warranties regarding suggestions or

recommendations of services or products offered or purchased through the

Services. Products and services purchased or offered (whether or not

following such recommendations and suggestions) through the Services

are provided “AS IS” and without any warranty of any kind from Shout

Softly Shirts or others, with respect to such others only, provided expressly

and unambiguously in writing by a designated third party for a specific

product. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-

IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS

OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTIES THAT

ARISE FROM TRADE USAGE OR CUSTOM OR THAT USE OF THE

SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME

STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED

WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO

YOU. EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS

CONDUCT ON THE PART OF SHOUT SOFTLY SHIRTS, TO THE

FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO

CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING,

WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR

OTHERWISE) SHALL SHOUT SOFTLY SHIRTS BE LIABLE TO YOU OR

TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,

INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,

WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER

FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY

RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE

RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY

DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY

INFORMATION OBTAINED FROM SHOUT SOFTLY SHIRTS, OR FROM

EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE

INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR

OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS

IN OPERATION OR TRANSMISSION OR ANY FAILURE OF

PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF

GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR

UNAUTHORIZED ACCESS TO SHOUT SOFTLY SHIRTS RECORDS,

PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF

ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT

NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE

OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN

IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE

FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY

APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE

LIABILITY OF SHOUT SOFTLY SHIRTS, ARISING OUT OF OR IN ANY

WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE

AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF

$100 OR THE AMOUNTS PAID BY YOU TO SHOUT SOFTLY SHIRTS IN

CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12)

MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN

IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR

ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE

SHOUT SOFTLY SHIRTS SOLE LIABILITY AND OBLIGATION,

REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN

CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU,

ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS,

LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE,

WAIVE, ACQUIT AND FOREVER DISCHARGE SHOUT SOFTLY SHIRTS

FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS

YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED

TO THESE TERMS, THE SERVICES AND THE PRODUCTS. IF YOU ARE

A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS

UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL

RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER

SETTLEMENT WITH THE DEBTOR.” THE LIMITATIONS SET FORTH IN

THIS SECTION 21 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR

PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND

PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US,

OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL,

WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Section 21 - Indemnification You agree to indemnify and hold Shout Softly

Shirts, its affiliates, officers, agents, employees, and partners harmless

from and against any and all claims, liabilities, damages (actual and

consequential), losses and expenses (including attorneys’ fees) arising

from or in any way related to any third party claims relating to (a) your

illegal use of the Services (including any actions taken by a third party

using your account), (b) your violation of these Terms of Service, (c) your

posting of any defamatory or infringing content on the Site, and (d) your

violation of any third party rights in connection with your use of the Service,

the Site. In the event of such a claim, suit, or action (“Claim”), we will

attempt to provide notice of the Claim to the contact information we have

for your account (provided that failure to deliver such notice shall not

eliminate or reduce your indemnification obligations hereunder). Section 22

- Assignment You may not assign, delegate or transfer these Terms of

Service or your rights or obligations hereunder, or your Services account, in

any way (by operation of law or otherwise) without Shout Softly Shirts prior

written consent. We may transfer, assign, or delegate these Terms of

Service, and our Privacy Policy, along with our rights and obligations

herein, and thereto without consent. Section 23 - Termination The

obligations and liabilities of the parties incurred prior to the termination date

shall survive the termination of this agreement for all purposes. Account

termination may result in destruction of any content associated with your

account, so keep that in mind before you decide to terminate your use of

the Services. If in our sole judgment you fail, or we suspect that you have

failed, to comply with any term or provision of these Terms of Service, we

also may terminate this agreement at any time without notice and you will

remain liable for all amounts due up to and including the date of

termination; and/or accordingly may deny you access to our Services (or

any part thereof). Section 24 – Dispute resolution and Arbitration PLEASE

READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT

REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS

WITH SHOUT SOFTLY SHIRTS AND LIMITS THE MANNER IN WHICH

YOU CAN SEEK RELIEF FROM US. BINDING ARBITRATION: Except for

any disputes, claims, suits, actions, causes of action, demands or

proceedings (collectively, “Disputes”) arising out of or related to a violation

of Section 1 or Disputes in which either party seeks to bring an individual

action in small claims court or seeks injunctive or other equitable relief for

the alleged unlawful use of intellectual property, including, without

limitation, copyrights, trademarks, trade names, logos, trade secrets or

patents, you and Shout Softly Shirts agree (a) to waive your and Shout

Softly Shirts respective rights to have any and all Disputes arising from or

related to these Terms, or the Site, and the Apps, Content or Products,

resolved in a court, and (b) to waive your and Shout Softly Shirts respective

rights to a jury trial. Instead, you and Shout Softly Shirts agree to arbitrate

Disputes through binding arbitration, which is the referral of a Dispute to

one or more persons charged with reviewing the Dispute and making a final

and binding determination to resolve it instead of having the Dispute

decided by a judge or jury in court. No Class Arbitrations, Class Actions or

Representative Actions: You and Shout Softly Shirts agree that any Dispute

arising out of or related to these Terms, the Sites, the App, Content, the

Service or products sold on the Site is personal to you and Shout Softly

Shirts and that such Dispute will be resolved solely through individual

arbitration and will not be brought as a class arbitration, class action or any

other type of representative proceeding. You and Shout Softly Shirts agree

that there will be no class arbitration or arbitration in which an individual

attempts to resolve a Dispute as a representative of another individual or

group of individuals. Further, you and Shout Softly Shirts agree that a

Dispute cannot be brought as a class or other type of representative action,

whether within or outside of arbitration, or on behalf of any other individual

or group of individuals. Notice of Informal Dispute Resolution, You and

Shout Softly Shirts agree that each party will notify the other party in writing

of any arbitrable or small claims Dispute within thirty (30) days of the date it

arises, so that the parties can attempt in good faith to resolve the Dispute

informally. Notice to Shout Softly Shirts shall be sent by certified mail or

courier to Shout Softly Shirts PO Box 492 Weed California 96094. Your

notice must include (a) your name, postal address, telephone number, the

email address you use or used for SERVICES from Shout Softly Shirts, if

different, an email address at which you can be contacted, (b) a description

in reasonable detail of the nature or basis of the Dispute, and (c) the

specific relief that you are seeking. Our notice to you will be sent

electronically and will include (x) our name, postal address, telephone

number and an email address at which we can be contacted with respect to

the Dispute, (y) a description in reasonable detail of the nature or basis of

the Dispute, and (z) the specific relief that we are seeking. If you and Shout

Softly Shirts cannot agree how to resolve the Dispute within thirty (30) days

after the date notice is received by the applicable party, then either you or

Shout Softly Shirts may, as appropriate and in accordance with this Section

25, commence an arbitration proceeding or, to the extent specifically

provided for above, file a claim in court. EXCEPT FOR DISPUTES

ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 1 OR

DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN

INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS

INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED

UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING,

WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES,

LOGOS, TRADE SECRETS OR PATENTS, YOU AND SHOUT SOFTLY

SHIRTS AGREE THAT ANY DISPUTE MUST BE COMMENCED OR

FILED BY YOU OR SHOUT SOFTLY SHIRTS WITHIN ONE (1) YEAR OF

THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING

CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND

SHOUT SOFTLY SHIRTS WILL NO LONGER HAVE THE RIGHT TO

ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Shout

Softly Shirts agree that (a) any arbitration will be conducted confidentially in

accordance with the Streamlined Arbitration Rules and Procedures.

Judgment upon the award rendered by such arbitrator may be entered in

any court of competent jurisdiction. For all purposes of this Agreement, the

parties consent to exclusive jurisdiction and venue in the state or federal

courts located in Sacramento California. As limited by the FAA, these

Terms and the applicable rules, the arbitrator will have (a) the exclusive

authority and jurisdiction to make all procedural and substantive decisions

regarding a Dispute, including the determination of whether a Dispute is

arbitrable, and (b) the authority to grant any remedy that would otherwise

be available in court; provided, however, that the arbitrator does not have

the authority to conduct a class arbitration or a representative action, which

is prohibited by these Terms. The arbitrator may only conduct an individual

arbitration and may not consolidate more than one individual’s claims,

preside over any type of class or representative proceeding or preside over

any proceeding involving more than one individual. If any term, clause or

provision of this Section 25 is held invalid or unenforceable, it will be so

held to the minimum extent required by law, and all other terms, clauses

and provisions of this Section 25 will remain valid and enforceable. Further,

the waivers set forth in Section 25 are severable from the other provisions

of these Terms and will remain valid and enforceable, except as prohibited

by applicable law. You have the right to opt out of binding arbitration within

thirty (30) days of the date you first accepted the terms of this Section 25

by writing to: Shout Softly Shirts PO Box 492 Weed, California, 96094,

United States. In order to be effective, the opt out notice must include your

full name and email address and clearly indicate your intent to opt out of

binding arbitration. By opting out of binding arbitration, you are agreeing to

resolve Disputes in accordance with Section 26. Section 27 - Choice of

Law and Venue These Terms of Service and your relationship with Shout