Terms of Service for TradeUp Clothing LLC, an online baby clothing exchange service

The Terms of Service is a legal agreement between you (“You,” “Your,” “User,” “Client”

or “Customer”) and TradeUp Clothing LLC (“TradeUp Clothing,” “We,” “Us” or “Our”).

The website (“Site,” “www.TradeUpClothing.com” or the “Website”) is comprised of a

number of web pages that are owned and operated by TradeUp Clothing LLC. Our

services (“Services”) and the use of this Site are offered to you conditioned upon your

acceptance without modification of the terms, conditions and notices herein (the

“Terms”).

These Terms of Service are the terms and conditions under which You will provide

information to buy baby clothes (“TradeUp” or “Product” and  collectively “TradeUps” or

“Products”) by subscription (“Subscription” or “Subscriptions”), interact with Us via Our

Site (including but not limited to subscribing to TradeUps, creating an account, posting

profile information in Your account, commenting on Our blog posts, and interacting with

other users or Clients via the site) or receiving similar Services from Us.

YOUR USE OF THIS SITE OR OUR SERVICES MEANS YOU HAVE THOROUGHLY

READ, UNDERSTAND AND HAVE AGREED TO SUCH TERMS. PLEASE TAKE A

MOMENT TO READ THESE TERMS CAREFULLY AND THOROUGHLY AND RETAIN

A COPY FOR YOUR REFERENCE. BY CLICKING ON THE “I ACCEPT” BUTTON,

SUBSCRIBING TO USE OUR SERVICES OR PURCHASING PRODUCTS FROM US,

YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE

TO THESE TERMS DO NOT CLICK “I ACCEPT.” IF YOU DO NOT ACCEPT THESE

TERMS YOU ARE NOT AUTHORIZED TO USE THIS SITE AND RELATED

SERVICES OR CONDUCT BUSINESS WITH US.

1. Eligibility- By agreeing to these terms you represent and warrant that you are at

least 18 years old. You must be 18 years old to use the Services provided on this Site. If

you are under 18, you may use www.TradeUpClothing.com only with permission of a

parent or guardian. The Products We sell to Clients are intended to be used by

individuals under the age of 18; however, in order to Subscribe to use Our Products and

Services, You must be an adult or have the permission and supervision of an adult who

will provide payment information using one of Our approved payment methods at the

time payment is rendered. TradeUp Clothing does not knowingly collect, either online or

offline, personal information from persons that are under the age of 13 (besides your

child’s name and birth date or month as provided by you for order fulfillment).

2. Registration- In order to register with an online Member account you will be given a

special password via email after checkout to use on our unique Registration page. You

agree not to share this password with anyone thereby preventing unauthorized

individuals to access Our Member Center. During the registration process you will be

asked to select a username and password and provide the required personal

information to create your account (“Account”) and enable us to send You

Products. You agree to provide true, accurate, current and complete information during

registration, while creating an Account and/or during the checkout process. Further, you

agree to keep all information current and promptly make appropriate updates to Your

Account in order to keep it true, accurate, current and complete at all times. If you use

service.

Our Site You are responsible for maintaining the confidentiality of Your Account

and password and for restricting access to your computer. You agree to accept

responsibility for all activities that occur under Your Account or password. You may not

assign or otherwise transfer Your Account to any other person or entity. You

acknowledge that TradeUp Clothing is not responsible for third party access to Your

Account that results from theft or misappropriation of Your Account. TradeUp Clothing

and its associates reserve the right to refuse or cancel service, terminate accounts, or

remove or edit content in our sole discretion. You agree to immediately notify us of any

unauthorized use of Your Account.

3. Purchase Agreement- www.TradeUpClothing.com is an e-commerce site. The

purpose of this Site is to provide baby clothing services and related Products to Our

Customers. You understand, agree and acknowledge that an item in exchange for one

of our items AND we accept your offer as outlined in section “3(f) (2).” We

use Authorize.net to process credit card payments and to handle our subscriptions.

Authorize.net provides secure checkout pages that are PCI compliant. Please visit their

website for complete details.

Purchasing gift subscriptions or other items from our site: Gift Subscriptions are

non-refundable. When an individual buys a gift subscription they become a “Member” of

our site as far as these Terms are concerned. The Recipient of the gift subscription also

becomes a Member of our site when they redeem the Gift Subscription. If the recipient

of a Gift Subscription is unhappy with our service they have the option of canceling their

Subscription and we will credit their account or the purchaser’s account with “points”

which can be used toward purchasing items from our site.

Purchasing items with points: Every time you turn in clothing that can still be kept in

circulation you are awarded points (one point per acceptable item). Points are part of

our TradeUp rewards program and can be used toward discounts, items on our site or

special opportunities. Points are non-transferable. We reserve the right to modify or

cancel our rewards program at any time for any reason.

a. Initial Payment- In consideration of the initial amount you pay for the

Subscription that you choose, we will provide you with your initial point accrual in

accordance with the size Subscription You have selected.

at(1) Colorado Residents: Please read carefully- All Colorado residents subscribing

to TradeUp Clothing must pay the Colorado Sales Tax rate of 6% at checkout.

Additionally, some Colorado counties impose a Discretionary Sales Surtax. Products

and services sold to residents in Colorado and delivered into specific counties that

impose Discretionary Sales Tax are subject to an additional % of tax on top of the state

wide 6% Sales Tax. There are 4 Discretionary Sales Tax categories: None, .5%, 1%

and 1.5% depending upon which county you are located in. This is NOT Our rule it is

strictly mandated by the state of Colorado and paid to the Colorado Department of

Revenue. You can read more about this tax here: CO Discretionary Sales Surtax. If you

would like specific information on the Discretionary tax rate in your county please visit

this link: CO Discretionary Tax by County.

Therefore, the prices for TradeUps delivered to a Colorado county that imposes their

own Discretionary Sales Surtax & prices for all Colorado residents will be higher than

our out-of-state prices. We are sorry for this inconvenience.  An administrative fee of

$1.00 will be imposed and charged to your credit/debit card on file in the event that we

have to correct any mistakes that occur by choosing the incorrect county so please

choose carefully.

b. Monthly Payments- After Your initial payment during sign-up You will be charged

Your chosen Subscription amount every month with a withdrawal of funds from the

credit or debit card You used and on the same date that You initially signed up. In the

event you sign up on the 31st of the month and the next month only has 28 or 30 days

you will be drafted on the LAST calendar day of that month. You may choose to keep

the clothing as long as you want, provided that Your Subscription is “active.” Your

Subscription is considered “active” if we are able to process your monthly payment and

you have not notified us to cancel Your Subscription. Important: If you need to

change your billing/drafting date or billing method at anytime please contact us

directly at Support@TradeUpClothing.com and we will assist you.

c. Upgrading or Downgrading Your Subscription-When You initially sign up for a

smaller Subscription You have the choice of upgrading Your Subscription to one of Our

larger Subscriptions or downgrading a larger Subscription to one of Our smaller

Subscriptions at anytime without penalty. To upgrade or downgrade Your Subscription

just email us at support@TradeUpClothing.com. You will be billed the new subscription

amount on your normal billing date.

d. Cancellation- Please allow us to attempt to correct any issues you have with the

clothing; size, quality, style etc. We are here to help! Canceling or Pausing Your

Subscription:

 Canceling at anytime- You may cancel Your Subscription at anytime with a

cancellation notice (a “cancellation notice” refers to a cancellation in writing via email

to Support@TradeUpClothing.com or regular mail at] 2373 Central Park Blvd, Suite

100 Denver, CO 80238 through a letter of your own. You can also call us at 928-

978-7777 and speak to one of our representatives to cancel Your Subscription.  We

do not provide refunds for partial months so please make sure you notify us right

away to avoid any additional charges. The best practice is to inform us that you wish

to cancel as soon before the next draft occurs from your account. You understand if

You decide to cancel after Your Account has already been drafted We cannot refund

Your money for that month

h. Shipping, Delivery and Processing Time- TradeUp Clothing always makes an

attempt to use the fastest shipping method possible at the time your order is made. We

ship exclusively to the continental United States. We ship TradeUps Monday-Saturday

(excluding holidays). The time it takes Your TradeUp to arrive depends upon your

location in relation to ours. Generally, it takes 2-3 business days (excluding Sundays

and holidays) to receive Your TradeUp after it leaves our location. Our processing

center is located in Denver, Colorado. Once you make your initial payment or any time

you send back a TradeUp in exchange for your next one, we begin packing up a

TradeUp to send to you. We try Our best to ship Your TradeUp as soon as possible and

typically We ship TradeUp out on the same day Your payment is drafted (initial

payments) or the same day Your TradeUp is returned to Us. However, actual

processing time may take between 1-5 business days depending on the day/time your

order was placed or account was drafted, order volume, unforeseeable circumstances

which may cause unavoidable delays. Whenever we expect your order to be delayed

beyond two (2) days we will contact you via email to inform you of such a delay

We reserve the right to choose and/or change our shipping methods including carrier,

shipping materials or order processing methods at anytime and at our sole discretion.

H (1). Reusable Shipping Bags- When you sign up for a Subscription We send you a

TradeUp of clothing in a reusable shipping bag provided that one is available at the time

of your shipment. If a reusable shipping bag is not available due to low volume your

items will be shipped in a postal box. If we send your items in a reusable shipping bag

you are required to ship the items back in the same shipping bag with the pre-paid, pre-

address label provided to you. If the shipping bag is lost or retained, either after Your

Subscription is cancelled or at any time while Your Subscription is active you will be

responsible to reimburse us for the cost of the shipping bag. You agree to be charged a

onetime fee of $20.00 for shipping bags retained either during Your Subscription plan or

at the commencement of Your Subscription. You will be responsible for shipping

TradeUps back using your own shipping box/materials in the event that the reusable

shipping bag is lost or damaged.

H (2). Pre-Paid Shipping Label- We provide a pre-addressed, pre-paid shipping label

with each TradeUp in order for you to exchange the items free of charge. If the label is

lost or damaged please contact us at support@TradeUpClothing.com and we will

provide you with a new one.

4. TradeUps- The clothing items we provide for you are in new and/or gently used

condition as explained under the “Quality Guidelines” tab on Our Site and in section 4(b)

below.

b. Our Quality Guidelines- When it comes to acquiring inventory we do our best to

make sure the clothes we stock are in the best new or gently used condition possible.

Clothing is considered new if we acquire it from a retail store as new, never been worn

with tags still attached or we acquire it from a secondhand store with the original tags

still attached. Please note we remove ALL tags from our clothing before pre-washing

the items for delivery. No items will arrive in Your TradeUp with tags attached. Our

standard when it comes to “gently used clothing” is as follows:

1. No set in stains- Clothing is considered having no set in stains when the item has

never been stained or light stains are undetectable by us in normal lighting and any

stains have been cleaned before they have set in and caused considerable

discoloration to the garment.

2. Clothing that has no rips or tears of any kind.

3. No holes- Clothing is considered having no holes and acceptable for keeping in rental

circulation if  no holes are visible without a deliberate attempt by the Customer to find

such holes and any holes in the garment are smaller than the tip of a pencil. When any

holes get bigger than the tip of a pencil and are noticeable to you or our team through

normal examination, the garment is no longer considered gently used and will be

discontinued from circulation and donated.

4. Clothing that is not missing any buttons.

5. No noticeable fading- Clothing items are not considered faded if they are naturally

lighter in color and have intentional fading in their original design. Cracked, faded or

distressed labels on clothing that are part of the intentional design of the item will not be

considered faded. All clothing gets lighter with every wash and is considered having no

noticeable fading until a significant amount of discoloration is noticeable by you or our

team under normal examination.

6. No lint balls- Clothing is considered having no lint balls when it does not have

noticeable lint balls under normal examination by You without a deliberate attempt to

find such lint balls. Clothing with a small amount of lint balls in a concentrated area

(usually the bottom of the feet of sleepers) are considered having no lint balls and are

acceptable for keeping in rental circulation.

We rely on feedback from you. If or you to tell us any details you would like to share

about the clothing you are returning. If you noticed any holes, stains, tears or damage

please inform us on this form and we will examine the item further to decide whether it

will still be considered acceptable for circulation.

By you using our services on belovedbambinos.com, you are agreeing that you fully

understand that the items in circulation are second hand in nature and you are agreeing

that we are not responsible for any unforeseen problems that may arise due to the

nature of any of the items sold on our website, belovedbambinos.com.

5. Failed Attempt to Process Your Payment: If we attempt to process a monthly

charge to your account and the attempt fails due but not limited to the following- card

expiration, card cancellation, change of address or insufficient funds you will receive an

email from us entitled “Failed Attempt to Process Your Payment.” The email will contain

the reason for the failed attempt at processing from the payment processing company

and a link You can visit to update your billing information or You may contact Us and

We will assist You. After 3 failed attempts to process your payment, scheduled 24 hours

apart, your subscription will be marked as unpaid and cancelled. Please contact us right

away at Support@belovedbambinos.com in order to have your account reactivated and

avoid further interruption of your service. If you intended to cancel your account, please

contact us to return any borrowed items and/or pay any outstanding fees associated

with your account. Unpaid balances may be sent to a collections agency as

explained in the next section (section 6).

6. Consequences for non-payment- In In the event You do not pay any money owed

to Us including but not limited to the monthly payment while still using our service,

loss/retention fees or payment for lost shipping bags We will attempt to collect Your

payment by sending You a ”Notice of Non-Payment” letter to the address We have on

file. If Your Account is still delinquent after two (2) failed attempts to collect the money

owed to Us We will report your unpaid balances to a collection agency. You are

responsible to reimburse us for any fees associated with the collection of your debt to

us including but not limited to reasonable attorney’s fees.

7. Privacy- Your use of www.TradeUpClothing.com is subject to our Privacy Policy.

Please take a moment to review our Privacy Policy which also governs this Site and

informs Users of our data collection practices.

8. Electronic Communications-Visiting www.TradeUpClothing.com or sending emails

to us constitutes electronic communications. You consent to receive electronic

communications and you agree that all agreements, notices, disclosures and other

communications that we provide to you electronically, via email and on the Site, satisfy

any legal requirement that such communications be in writing.

9. Links to Third Party Sites/Third Party services- www.TradeUpClothing.com may

contain links to other websites (“Linked Sites”). The Linked Sites are not under the

control of TradeUp Clothing and we are not responsible for the contents of any Linked

Site, including without limitation any link contained in a Linked Site, or any changes

or updates to a Linked Site. TradeUp Clothing is providing these links to you only as a

convenience, and the inclusion of any link does not imply endorsement by TradeUp

Clothing of the site or any association with its operators.

Certain services made available via www.Tradeupclothing.com are delivered by

third party sites and organizations. By using any product, service or functionality

originating from the www.TradeUpClothing.com domain, you hereby acknowledge and

consent that TradeUp Clothing may share such information and data with any third party

with whom TradeUp Clothing has a contractual relationship to provide the requested

product, service or functionality on behalf www.Tradeupclothing.com Users and

Customers.

10. No unlawful or prohibited use/Intellectual Property- You are granted a non-

exclusive, non-transferable, revocable license to access and

use www.TradeUpClothing.com strictly in accordance with these terms of use. As a

condition of your use of the Site, You warrant to TradeUp Clothing that you will not use

the Site for any purpose that is unlawful or prohibited by these Terms. You may not use

the Site in any manner which could damage, disable, overburden, or impair the Site or

interfere with any other party’s use and enjoyment of the Site. You may not obtain or

attempt to obtain any materials or information through any means not intentionally made

available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well

as the compilation thereof, and any software used on the Site, is the property of

TradeUp Clothing or its suppliers and protected by copyright and other laws that protect

intellectual property and proprietary rights. You agree to observe and abide by all

copyright and other proprietary notices, legends or other restrictions contained in any

such content and will not make any changes thereto. You will not modify, publish,

transmit, reverse engineer, participate in the transfer or sale, create derivative works, or

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

Clothing content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter

any proprietary rights or attribution notices in any content. You will use protected

content solely for your personal use, and will make no other use of the content without

the express written permission of TradeUp Clothing and the copyright owner. You agree

that you do not acquire any ownership rights in any protected content. We do not grant

you any licenses, express or implied, to the intellectual property of TradeUp Clothing or

our licensors except as expressly authorized by these Terms.

11. Use of communication services- The Site may contain bulletin board services,

chat areas, news groups, forums, communities, personal web pages, calendars, and/or

other message or communication facilities designed to enable You to communicate with

the public at large or with a group (collectively, “Communication Services”), You agree

to use the Communication Services only to post, send and receive messages and

By way of example, and not as a limitation, You agree that when using a

Communication Service, You will not: defame, abuse, harass, stalk, threaten or

otherwise violate the legal rights (such as rights of privacy and publicity) of others;

publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,

infringing, obscene, indecent or unlawful topic, name, material or information; upload

files that contain software or other material protected by intellectual property laws (or by

rights of privacy of publicity) unless You own or control the rights thereto or have

received all necessary consents; upload files that contain viruses, corrupted files, or any

other similar software or programs that may damage the operation of another’s

computer; advertise or offer to sell or buy any goods or services for any business

purpose, unless such Communication Service specifically allows such messages;

conduct or forward surveys, contests, pyramid schemes or chain letters; download any

file posted by another user of a Communication Service that you know, or reasonably

should know, cannot be legally distributed in such manner; falsify or delete any author

attributions, legal or other proper notices or proprietary designations or labels of

the origin or source of software or other material contained in a file that is uploaded,

restrict or inhibit any other user from using and enjoying the Communication Services;

violate any code of conduct or other guidelines which may be applicable for any

particular Communication Service; harvest or otherwise collect information about others,

including e-mail addresses, without their consent; violate any applicable laws or

regulations.

TradeUp Clothing has no obligation to monitor the Communication Services. However,

we reserve the right to review materials posted to a Communication Service and to

remove any materials in our sole discretion. TradeUp Clothing reserves the right to

terminate your access to any or all of the Communication Services at any time without

notice for any reason whatsoever.

TradeUp Clothing reserves the right at all times to disclose any information as

necessary to satisfy any applicable law, regulation, legal process or governmental

request, or to edit, refuse to post or to remove any information or materials, in whole or

in part, in our sole discretion.

Always use caution when giving out any personally identifying information about

yourself or your children in any Communication Service. TradeUp Clothing does not

control or endorse the content, messages or information found in any Communication

Service and, therefore, TradeUp Clothing specifically disclaims any liability with regard

material that are proper and related to the particular Communication Servicer

to the Communication Services and any actions resulting from your participation in any

Communication Service. Managers and hosts are not authorized TradeUp Clothing

spokespersons, and their views do not necessarily reflect those of TradeUp Clothing.

Materials uploaded to a Communication Service may be subject to posted limitations on

usage, reproduction and/or dissemination. You are responsible for adhering to such

limitations if you upload the materials.

12. Materials Provided to www.Tradeupclothing.com or Posted on any of TradeUp

Clothing Web Pages-  TradeUp Clothing does not claim ownership of the materials

You provide to www.TradeUpClothing.com (including feedback and suggestions) or

post, upload, input or submit to any TradeUp Clothing Site or our associated services

(collectively “Submissions”). However, by posting, uploading, inputting, providing or

submitting Your Submission You are granting TradeUp Clothing , our affiliated

companies and necessary sub-licensees permission to use Your Submission in

connection with the operation and/or improvement of their Internet businesses including,

without limitation, the rights to: copy, distribute, transmit, publicly display, publicly

perform, reproduce, edit, translate and reformat Your Submission; and to publish Your

name in connection with Your Submission.

No compensation will be paid with respect to the use of Your Submission, as provided

herein. TradeUp Clothing is under no obligation to post or use any Submission You may

provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting Your Submission You warrant

and represent that You own or otherwise control all of the rights to Your Submission as

described in this section including, without limitation, all the rights necessary for You to

provide, post, upload, input or submit the Submissions.

13. Third Party Accounts- You will be able to connect your TradeUp Clothing account

to third party accounts. By connecting your TradeUp Clothing account to your third party

account, you acknowledge and agree that you are consenting to the continuous release

of information about you to others (in accordance with your privacy settings on those

third party sites). If you do not want information about you to be shared in this manner,

do not use this feature.

14. International Users- The Service is controlled, operated and administered by

TradeUp Clothing from Our offices within the USA. If you access the Service from a

location outside the USA, You are responsible for compliance with all local laws. You

agree that you will not use TradeUp Clothing Content accessed

through www.Tradeupclothing.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations. TradeUp Clothing only provides rental

services to the continental United States and our rental services are not intended to be

used by anyone outside the continental United States. We do not ship internationally.

15. Indemnification- You agree to indemnify, defend and hold harmless TradeUp

Clothing , its officers, directors, employees, agents and third parties, for any losses,

costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or

arising out of Your use of or inability to use the Site or services, any User postings

made by You, Your violation of any terms of this Agreement or Your violation of any

rights of a third party, or Your violation of any applicable laws, rules or regulations. We

reserve the right, at our own cost, to assume the exclusive defense and control of any

matter otherwise subject to indemnification by you, in which event you will fully

cooperate with us in asserting any available defenses.

16. Liability Disclaimer- THE INFORMATION, SOFTWARE, PRODUCTS, AND

SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE

INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY

ADDED TO THE INFORMATION HEREIN. TRADEUP CLOTHING LLC AND/OR ITS

SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT

ANY TIME. TRADEUP CLOTHING LLC AND/OR ITS SUPPLIERS MAKE

NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,

AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON

THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT

WARRANTY OR CONDITION OF ANY KIND.

TRADEUP CLOTHING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL

WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRADEUP

CLOTHING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,

PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY

DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR

LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE

DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,

THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR

ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF

THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,

STRICT LIABILITY OR OTHERWISE, EVEN IF TRADEUP CLOTHING LLC OR ANY

OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION

OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL

DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE

DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE

TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE

USING THE SITE.

17. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION

CAREFULLY AND THOROUGHLY AS IT AFFECTS YOUR LEGAL RIGHTS TO SUE

US IN THE EVENT THAT A DISPUTE ARISES BETWEEN US AND CAN NOT BE

RESOLVED THROUGH TRADITIONAL MEANS-

Most of the time Client’s concerns can be resolved quickly and to the Client’s

satisfaction by calling TradeUp Clothing directly at 928-978-7777or emailing Us at

support@Tradeupclothing.com In the unlikely event that TradeUp Clothing is unable

to resolve a complaint You may have or if TradeUp Clothing has not been able to

resolve a dispute We have with You after attempting to do so informally, We each

agree to resolve those disputes through mediation first then binding arbitration

second or small claims court instead of in courts of general jurisdiction.

Arbitration, which is often cheaper, faster, and less formal than a lawsuit in a court, uses

a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages

and relief that a court can award. Also, in arbitration you are entitled to recover

attorneys’ fees from TradeUp Clothing to at least the same extent as you would be in

court. Each party shall be responsible for its share of the arbitration fees in accordance

with the applicable Rules of Arbitration.  In the event a party fails to proceed with

arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the

arbitrator’s award, the other party is entitled to costs of suit, including a reasonable

attorney’s fee for having to compel arbitration or defend or enforce the award. Any

arbitration under this Agreement will take place on an individual basis; class

arbitrations and class actions are not permitted. All Arbitration will take place in

Colorado at an office agreed upon by both parties and in accordance with Federal

Arbitration Act.

18. Arbitration Agreement- You and TradeUp Clothing agree to arbitrate all disputes

and claims between us after attending mediation. This agreement to arbitrate is

intended to be broadly interpreted. It includes, but is not limited to:

 claims arising out of or relating to any aspect of the relationship between TradeUp

Clothing and Our Clients, whether based in contract, tort, statute, fraud,

misrepresentation or any other legal theory;

 claims that arose before this or any prior agreement including, but not limited to,

claims relating to advertising;

 claims that are currently the subject of purported class action litigation in which you

are not a member of a certified class; and

 Claims that may arise after the termination of this Agreement.

References to “TradeUp Clothing ”, “Us”, and “We” include our respective subsidiaries,

affiliates, agents, employees, predecessors in interest, successors, and assigns, as well

as all authorized or unauthorized users or beneficiaries of services or devices under this

or prior agreements between us. Notwithstanding the foregoing, either party may bring

an individual action in small claims court. This arbitration agreement does not preclude

you from bringing issues to the attention of federal, state, or local agencies, including,

for example, the Federal Communications Commission. Such agencies can, if the law

allows, seek relief against Us on Your behalf. You agree that, by entering into this

Agreement, You and TradeUp Clothing are each waiving the right to a trial by jury

or to participate in a class action. This agreement evidences a transaction in the

interstate commerce, and thus the Federal Arbitration Act governs the interpretation and

enforcement of this provision. This arbitration provision shall survive termination of this

Agreement.

19. Termination/Access Restriction- TradeUp Clothing reserves the right, in its sole

discretion, to terminate your access to the Site and the related Services or any portion

thereof at any time, without notice. To the maximum extent permitted by law, this

agreement is governed by the laws of the State of Colorado and you hereby consent to

the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or

relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that

does not give effect to all provisions of these Terms, including, without limitation, this

section. You agree that no joint venture, partnership, employment, or agency

relationship exists between you and TradeUp Clothing as a result of this agreement or

use of the Site. TradeUp Clothing’s performance of this agreement is subject to existing

laws and legal process, and nothing contained in this agreement is in derogation of

TradeUp Clothing’s right to comply with governmental, court and law enforcement

requests or requirements relating to your use of the Site or information provided to or

gathered by TradeUp Clothing with respect to such use. If any part of this agreement is

determined to be invalid or unenforceable pursuant to applicable law including, but not

limited to, the warranty disclaimers and liability limitations set forth above, then the

invalid or unenforceable provision will be deemed superseded by a valid, enforceable

provision that most closely matches the intent of the original provision and

the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement

between the User and TradeUp Clothing with respect to the Site and it supersedes all

prior or contemporaneous communications and proposals, whether electronic, oral or

written, between the User and TradeUp Clothing with respect to the Site. A printed

version of this agreement and of any notice given in electronic form shall be admissible

in judicial or administrative proceedings based upon or relating to this agreement to

the same extent and subject to the same conditions as other business documents and

records originally generated and maintained in printed form. It is the express wish to the

parties that this agreement and all related documents be written in English.

20. Changes to Terms- TradeUp Clothing reserves the right, in its sole discretion, to

change the Terms under which www.TradeUpClothing.com is offered. The most current

version of the Terms will supersede all previous versions. TradeUp Clothing encourages

you to periodically review the Terms to stay informed of our updates.

Contact us- We welcome your questions, concerns or comments regarding the Terms:

TradeUp Clothing LLC

2373 Central Park Blvd, Suite 100

Denver, CO 80238

Email Address:

support@TradeUpClothing.com

Telephone number:

928-978-7777

Effective as of March 01, 2015

Last Update: March 6, 2015

This Privacy Policy governs the manner in which TradeUp Clothing LLC collects, uses,

maintains and discloses information collected from users (each, a “User”) of

the http://www.Tradeupclothing.com website (“Site”). This privacy policy applies to the

Site and all products and services offered by TradeUp Clothing LLC.

Personal identification information

We may collect personal identification information from Users in a variety of ways,

including, but not limited to, when Users visit our site, register on the site, place an

order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection

with other activities, services, features or resources we make available on our Site.

Users may be asked for, as appropriate, name, email address, mailing address, phone

number, credit card information. Users may, however, visit our Site anonymously. We

will collect personal identification information from Users only if they voluntarily submit

such information to us. Users can always refuse to supply personally identification

information, except that it may prevent them from engaging in certain Site related

activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they

interact with our Site. Non-personal identification information may include the browser

name, the type of computer and technical information about Users means of connection

to our Site, such as the operating system and the Internet service providers utilized and

other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places

cookies on their hard drive for record-keeping purposes and sometimes to track

information about them. User may choose to set their web browser to refuse cookies, or

to alert you when cookies are being sent. If they do so, note that some parts of the Site

may not function properly.

How we use collected information

TradeUp Clothing LLC collects and uses Users personal information for the following

purposes:

 - To personalize user experience

we may use information in the aggregate to understand how our Users as a group

use the services and resources provided on our Site.

 - To improve our Site

we continually strive to improve our website offerings based on the information and

feedback we receive from you.

 - To improve customer service

your information helps us to more effectively respond to your customer service

requests and support needs.

 - To process transactions

we may use the information Users provide about them when placing an order only to

provide service to that order. We do not share this information with outside parties

except to the extent necessary to provide the service.

 - To administer a content, promotion, survey or other Site feature

to send Users information they agreed to receive about topics we think will be of

interest to them.

 - To send periodic emails

The email address Users provide for order processing, will only be used to send

them information and updates pertaining to their order. It may also be used to

respond to their inquiries, and/or other requests or questions. If User decides to opt-

in to our mailing list, they will receive emails that may include company news,

updates, related product or service information, etc. If at any time the User would

like to unsubscribe from receiving future emails, we include detailed unsubscribe

instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security

measures to protect against unauthorized access, alteration, disclosure or destruction of

your personal information, username, password, transaction information and data

stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a

SSL secured communication channel and is encrypted and protected with digital

signatures.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We

may share generic aggregated demographic information not linked to any personal

identification information regarding visitors and users with our business partners, trusted

affiliates and advertisers for the purposes outlined above. We may use third party

service providers to help us operate our business and the Site or administer activities on

our behalf, such as sending out newsletters or surveys. We may share your information

with these third parties for those limited purposes provided that you have given us your

permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services

of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We

do not control the content or links that appear on these sites and are not responsible for

the practices employed by websites linked to or from our Site. In addition, these sites or

services, including their content and links, may be constantly changing. These sites and

services may have their own privacy policies and customer service policies. Browsing

and interaction on any other website, including websites which have a link to our Site, is

subject to that website’s own terms and policies.

Compliance with children’s online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we

never collect or maintain information at our Site from those we actually know are under

13, and no part of our website is structured to attract anyone under 13.

Changes to this privacy policy

TradeUp Clothing LLC has the discretion to update this privacy policy at any time. When

we do, we will post a notification on the main page of our Site; revise the updated date

at the bottom of this page. We encourage Users to frequently check this page for any

changes to stay informed about how we are helping to protect the personal information

we collect. You acknowledge and agree that it is your responsibility to review this

privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this

policy, please do not use our Site. Your continued use of the Site following the posting

of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your

dealings with this site, please contact us at:

TradeUp Clothing LLC

http://www.Tradeupclothing.com

TradeUp Clothing LLC

2373 Central Park Blvd, Suite 100

Denver, CO 80238

928-978-7777

support@TradeUpClothing.com

This document was last updated on March 6, 2015

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