TERMS

IfThisFits, LLC Terms of Use Agreement

1• Introduction. Welcome to If This Fits, LLC’s website. If you continue to browse and use this website you are agreeing to comply with and to be bound by the following terms and conditions of use, which together with our Privacy Policy govern If This Fits LLC’s relationship with you in relation to this website. The terms “Company,” “us,” or “we” refer to the owner of the website, If This Fits, LLC, with a registered office address of: 3353 Wilder Street, Skokie, IL 60076. The term “you” refers to the user or viewer of the Company’s website. This Terms of Use Agreement may be amended by us at any time, at any frequency, and without specific notice to you. The latest version of this Agreement will be posted on this Site, and you should review this Agreement prior to using this website. The use of this website is subject to the following terms of use:

2• Avatar Creations-Open to the Public. The content of the pages of this website is for your general information and use—you are to use the website to create your own avatar to try on clothes at company created pages. You are responsible for inputting your own dimensions. The website is viewable and open to the public, i.e., to other current and potential customers and to stores who have created their own company pages (on which you can purchase each respective store’s clothing). The website is subject to change without specific notice to you. All suggestions, ideas, notes, concepts, and other information you may send to us or otherwise provide on this website (“Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence (that is, the Submissions are NOT CONFIDENTIAL) on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

3• Intellectual Property. The content, organization, graphics, design, and other matters related to this website are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification, or publication by you of any of the foregoing or any part (or all) of this website is strictly prohibited without our express written permission. We reserve the right—without any obligation or notice to you—to edit, delete, change, modify, etc. any document, information, or other content on this website, including this Terms of Use Agreement. This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction of any part of this website is prohibited other than in accordance with copyright notice, which forms part of these terms and conditions. All trademarks, if any, reproduced on this website that are not the property of, or licensed to, the operator are so acknowledged on the website.

4• No Warranties or Guarantees. Neither we nor any third parties (including those companies that create their own company pages) provide any warranty or guarantee, completeness, or suitability as to the accuracy of the dimensions that you have provided to create your avatar. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Further, we do not provide any warranty or guarantee regarding any third parties’ description of their clothing including the clothing’s fit, sizing, or other information or material that is offered by said third parties. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS (IF ANY) FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THIS WEBSITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED.

All responsibility or liability for any damages caused by viruses contained within any electronic file containing a form or document is disclaimed. We will not be liable to you for any incidental, special, or consequential damages of any kind that may result from use or inability to use this website.

5.Third Party Websites. This website also includes links to other websites. We do not have any responsibility for the content of the linked websites. You may not create a link to this website from another website or document without our—If This Fits, LLC’s—prior written consent.

6.Unauthorized Use of Website—In Whole or In Part. Unauthorized use of this website may give rise to a claim for damages or other legal claims, including an injunction or other equitable relief. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Illinois. You agree that any and all disputes, claims, and causes of actions will be brought in state court in the State of Illinois, in the county in which If This Fits, LLC has its principal place of business, or in the United States District Court for the Northern District of Illinois; you are expressly agreeing –through your use of this website—that you are expressly submitting and consenting in advance to such jurisdiction over any action or proceeding of any of such courts, and are waiving any claim that either Illinois or the Northern District of Illinois is an inconvenient forum or an improper forum based on lack of venue or lack of personal jurisdiction. You agree to indemnify, defend, and hold us, our officers, our partners, our attorneys, our employees, and our other agents and representatives harmless from any and all liability, loss, damages, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of this website.

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