Last Updated: October 15, 2015

www.society-plus.com (the “Website”) is operated by REAL OmniMedia LLC, a Florida limited liability company and on behalf of its affiliates, including but not limited to Society Plus LLC d/b/a Cool Gal Blue™ and Skorch Magazine, LLC (“Society+”, “we”, “our”, or “us”). The Website enables persons, corporations, companies, other business entities and individuals who are at least eighteen (18) years of age and not a minor in their state or residence, that affirmatively indicate their agreement to abide by these Terms of Use by means of a click-through consent to purchase our products and services (“Wholesale User”). The terms “Wholesale User”, “You”, “Your” and “Yours” when used herein refers to the party agreeing to the Terms of Use.  This Agreement sets forth the terms and conditions which govern Your use of the Website.

  1. Acceptance. Please read this Terms of Use carefully before accessing the Website. In order to use the Website and before You purchase any of our products, You must first agree to be bound by the terms and conditions set forth in this Terms of Use. By accessing the Website or otherwise by purchasing any of our products, You must indicate that You have read, understood and agree to be bound by the terms and conditions set forth in this Terms of Use. You must indicate that they have read, understood and agree to be bound by the terms and conditions set forth in the Terms of Use, as amended from time to time as described below, each time You place an order to purchase goods. If You do not agree to be bound by this Terms of Use, You are not authorized to use the Website. Furthermore, You are not authorized to use the Website if (a) You are not of legal age or otherwise do not have the legal capacity to form a binding contract with, or (b) You are a person barred from using the Website either (i) under the laws of the country in which You reside or from which You are attempting to access the Website, (ii) due to prior violations of this Terms of Use, or (iii) for any reason as determined by REAL OmniMedia LLC.
  2. Modification. We reserve the right to modify this Terms of Use at any time. You shall periodically review this Terms of Use to be aware of such modifications. You further agree that Your continued use of the Website after any such modifications have been made shall be deemed to be Your conclusive acceptance of any modified version of this Terms of Use. We will indicate that changes to this Terms of Use have been made by updating the date indicated after “Last Updated” at the beginning or end of this Terms of Use. We will be happy to provide You with prior versions of this Terms of Use upon Your written request to us. If You do not agree to abide by the initial version and any modified version of this Terms of Use, then You are not authorized to use the Website. A current version of this Terms of Use is accessible via the footer of the Website’s homepage.
  3. Registration. You will only be able to use certain functionality of the Website if You register with us. If You decide to register with us, You will receive or create a user ID and password (“Profile”) to access Your Registrant account (“Account”). You shall not allow any third party to use Your Profile or Account to access the Website and You shall strictly safeguard all information that would enable any individual or entity to access the Website by using Your Profile. You are fully responsible for Your failure to safeguard information and/or to permit any other person to access or use the Website using Your Profile and/or Account, and for all activities that occur under Your Profile and/or Account. You may not sell or otherwise transfer Your Profile and/or Account or any portion thereof. You shall notify Society+ immediately of any unauthorized use of Your Profile and/or Account or otherwise of the Website.  Society+ shall not be liable for any loss that results from the unauthorized use of Your Profile and/or Account, either with or without Your knowledge.
  4. Consent to Terms of Use. Society+ 's acceptance of Your orders is expressly made conditional on Your assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth on this credit/buyer application, order confirmation and/or invoice supersede the terms and conditions of Your purchase order(s) and will govern all transaction between You and Society+. These terms and conditions also apply to all future transaction unless modified in writing signed by all parties. Society+ specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. Your acceptance of goods delivered by Society+ in conjunction an invoice, credit/buyer application, or order confirmation is an acknowledgement by You of its acceptance of these terms and conditions.
  5. Notice of Defects/Returns. You must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first seven (7) days after the receipt of merchandise. Society+ is not responsible for shortages when shipments are directed to a third party. It is the responsibility of You to inspect upon receipt, that all merchandise delivered matches its order.
  6. Modification or Wear of Goods. You hereby acknowledge and agree that You cannot return or make a claim relating to merchandise that has been worn, printed, dyed, washed or altered in any way.
  7. Returns. You are solely responsible to inspect upon receipt and determine that all merchandise delivered matches its order. A written authorization from Society+ must be obtained by You for any returned merchandise. All returns must be made within five (5) days of Society+ approving your return. Society+ will only accept for return items that are damaged, and a credit for future purchases will be issued.  NO REFUNDS WILL BE ISSUED FOR ANY REASON.   You authorize Society+ to sell any garments that have been returned, rejected, or abandoned.
  8. Acceptance of goods with Known Defects Waives Claims for Damages. You must notify Society+ in writing of all claims for damages resulting from any defect that is known to You at the time You accept the merchandise. You hereby waive any claim for damages resulting from any defect You are aware of, including late delivery, at the time You accept the merchandise.
  9. Jurisdiction. You hereby agree that any and all transactions between You and Society+ are governed by the laws of Florida and venue for any action between the parties construing, enforcing or concerning in any manner this Terms of Use shall be exclusively vested in the courts of the State of Florida located in Brevard County, Florida. To the extent that any court proceedings are commenced, You and any Guarantor hereby consent to the personal jurisdiction of the courts of Brevard County, Florida, for any claims or controversies arising between You and Society+. Society+ also reserves the right to sue You or its Guarantor in the province or state of its domicile. In the event of a dispute arising under this Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are taxable or not. 
  11. No Responsibility. You acknowledge and agree that Society+ has no responsibility for any work performed by any vendor referred by You and hereby waives any right to assert any claim against Society+ for work performed by any other firm, including but not limited to claims for negligent referral, agency, or respondent superior.
  12. Deterioration of Your Credit. Society+ has the right, in addition to other remedies provided by law or in equity, to terminate any delivery or suspend further deliveries of other shipments in the event You fail to pay for anyone shipment when the same becomes due. Should Your financial condition become unsatisfactory to the Society+, the Society+ may require cash on delivery payments or satisfactory security for delivery of goods.
  13. Re-Sale Prohibited. You may not resell or re-convey, or offer to sell or re-convey, any products purchased from Society+ as Your own. Society+ product tags MAY NOT be cut out, additional product labels MAY NOT be sewn into garments, or in any way may the products be presented as the Your own designs. 
  14. Authority. The person clicking the below “I Agree” button warrants and represents that he or she has full power and authority to enter into and to bind Wholesale User to this Terms of Use and to the obligations set forth herein.
  15. Entire Agreement. This Agreement represents the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Terms of Use are of no force and effect. The section headings are for the convenience of the parties only and shall not be given any legal effect or otherwise affect the interpretation of this Terms of Use.

 By clicking the “I Agree” button below, You acknowledge that You have carefully read and agree to these Terms of Use. You authorizes Society+ to verify the Your credit and/or that of the Guarantor. You and Guarantor(s) authorize its bank(s) and/or business references to release credit information of You and for Guarantor(s) as requested by Society+. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.

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