Terms of Service

Introduction

These Terms of Service (“Terms”) are entered into between you and Clearweather LLC, doing business as Clearweather (“Clearweather,” “we,” “us,” or “our”).

These Terms, together with our Return & Exchange Policy, Shipping Policy, Privacy Policy, and any other policies or terms expressly incorporated by reference, govern your access to and use of clearweatherbrand.com (the “Site”), your purchase of products from Clearweather, and any other services we provide through the Site (collectively, the “Services”).

Our Return & Exchange Policy and Shipping Policy are incorporated into these Terms. If there is a conflict concerning returns, exchanges, or shipping, the applicable specific policy will control with respect to that subject unless these Terms expressly state otherwise.

PLEASE READ THESE TERMS CAREFULLY. THE SECTION TITLED “ARBITRATION AND CLASS ACTION WAIVER” CONTAINS A BINDING ARBITRATION AGREEMENT THAT, SUBJECT TO CERTAIN EXCEPTIONS, REQUIRES DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO CONTAINS A WAIVER OF JURY TRIALS AND CLASS OR REPRESENTATIVE ACTIONS TO THE EXTENT PERMITTED BY LAW.

By accessing or using the Services, creating an account, or placing an order, you acknowledge that you have read and agree to these Terms. If you do not agree to these Terms, you should not use the Services.

Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on the Site with a revised “Last Updated” date.

Where required by applicable law, we will provide additional notice of material changes. Changes will apply prospectively from their effective date and will not affect rights or obligations that arose before that date except as permitted by applicable law.

Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by applicable law.

Eligibility

You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account or make a purchase through the Services.

If you are under the age of legal majority, you may use the Services only with the involvement and authorization of a parent or legal guardian who agrees to be responsible for your use of the Services.

You represent and warrant that you have the legal capacity to enter into these Terms, that your use of the Services will not violate any agreement to which you are a party, and that you will comply with all applicable laws and regulations.

You may not use the Services where doing so would be prohibited by applicable law.

Accounts

You may be permitted to create an account in connection with the Services.

When creating or using an account, you agree to provide accurate, current, and complete information and to promptly update that information when necessary.

Your account is personal to you. You are responsible for maintaining the confidentiality of your username, password, and other account credentials and for activity occurring through your account.

You agree to notify Clearweather promptly if you become aware of unauthorized access to or use of your account.

Clearweather may suspend, restrict, or terminate an account where we reasonably believe there has been fraud, misuse, unauthorized access, abuse of our policies, or a violation of these Terms.

Any personal information we collect or process is handled in accordance with our Privacy Policy.

Orders, Pricing and Product Availability

All orders are subject to acceptance and product availability.

An order confirmation acknowledges that we have received your order but does not necessarily constitute final acceptance of the order. We reserve the right to refuse, limit, or cancel an order where permitted by law, including in cases involving:

• Suspected fraud or unauthorized activity;

• Incorrect pricing or product information;

• Product availability or inventory errors;

• Violations of these Terms or our policies;

• Unusual or excessive purchasing activity;

• Orders that appear intended for unauthorized resale; or

• Errors affecting the processing or fulfillment of an order.

If we cancel an order after payment has been collected, we will refund the amount paid for the canceled merchandise and any applicable refundable charges.

We make reasonable efforts to accurately display product descriptions, photographs, colors, specifications, pricing, and availability. However, actual product colors and appearance may vary depending on device displays, lighting, materials, manufacturing processes, and other factors.

We reserve the right to correct pricing, typographical, product-description, or other errors and to update information without prior notice.

Payments

We use Shopify Payments and may use other authorized third-party payment providers to process transactions made through the Services.

Available payment methods may include major credit and debit cards, Shop Pay, PayPal, and other payment methods displayed at checkout.

By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us and our applicable payment processors to charge the amounts associated with your order, including applicable taxes, shipping charges, and other charges disclosed at checkout.

Payment processing may be subject to the applicable payment provider's terms, conditions, and privacy practices.

Clearweather does not directly control third-party payment-processing systems and is not responsible for delays or errors attributable solely to a payment provider, financial institution, or card network.

Shipping, Returns and Exchanges

Shipping, delivery, returns, exchanges, final-sale merchandise, refunds, package protection, international orders, and related matters are governed by our:

Shipping Policy

Return & Exchange Policy

These policies form part of these Terms.

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase, billing, shipping, and account information.

We reserve the right to limit or cancel quantities purchased per person, household, account, payment method, billing address, or shipping address where reasonably necessary to prevent fraud, abuse, unauthorized resale, or violations of these Terms.

If we modify or cancel an order, we may attempt to notify you using the email address, telephone number, billing information, or other contact information provided with the order.

Clearweather is not responsible for delivery problems, delays, or additional charges caused by incorrect or incomplete information provided by the customer, subject to applicable law.

Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms.

You agree not to use the Services:

• In violation of any applicable federal, state, local, or international law or regulation;

• To engage in fraudulent, deceptive, abusive, or unlawful activity;

• To impersonate Clearweather, a Clearweather employee, another user, or any other person or entity;

• To transmit unauthorized advertising, spam, chain letters, or similar solicitations;

• To interfere with another person's use or enjoyment of the Services;

• To access or attempt to access accounts, systems, servers, networks, or data without authorization;

• To introduce viruses, Trojan horses, worms, malicious code, or other harmful material;

• To conduct a denial-of-service or distributed denial-of-service attack;

• To interfere with or disrupt the operation or security of the Services;

• To use automated systems, bots, spiders, scrapers, or similar technologies to access, copy, monitor, extract, or collect information from the Services without our prior written permission, except as permitted by applicable law; or

• To use the Services or their content for unauthorized commercial purposes.

We may take reasonable action to prevent or address prohibited conduct, including restricting or terminating access to the Services.

Intellectual Property Rights

The Services and their contents, features, functionality, designs, photographs, graphics, text, video, audio, logos, product designs, software, arrangement, presentation, and other materials are owned by Clearweather, our licensors, or other applicable rights holders and are protected by copyright, trademark, patent, trade secret, design, and other intellectual property laws.

These Terms permit you to use the Site for your personal, non-commercial use.

Except as expressly permitted by these Terms or applicable law, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, commercially exploit, or transmit material from the Services without our prior written permission or the permission of the applicable rights holder.

No right, title, or interest in the Services or their content is transferred to you by virtue of your use of the Services.

Trademarks

The Clearweather name, Clearweather trademarks, logos, product names, designs, graphics, slogans, and other brand identifiers are trademarks or other intellectual property of Clearweather or its applicable licensors.

You may not use Clearweather trademarks or brand assets without prior written permission except as otherwise permitted by applicable law.

All other trademarks, names, logos, products, and service names appearing through the Services belong to their respective owners.

Feedback

We welcome comments, suggestions, ideas, and other feedback regarding Clearweather or the Services (“Feedback”).

If you voluntarily provide Feedback to us, you represent that you have the right to provide it and understand that, unless otherwise expressly agreed in writing:

1. The Feedback is not confidential;

2. Clearweather is not subject to confidentiality obligations regarding the Feedback;

3. Clearweather may use, reproduce, adapt, develop, or otherwise utilize the Feedback without restriction; and

4. You are not entitled to compensation or reimbursement for our use of the Feedback.

Third-Party Services and Links

The Services may contain links to, integrate with, or make available services provided by third parties, including payment providers, shipping carriers, package-protection providers, social-media platforms, and other service providers.

Third-party services are governed by the applicable third party's own terms and privacy policies.

Clearweather does not control third-party websites or services and is not responsible for their content, availability, privacy practices, acts, or omissions except to the extent responsibility cannot be excluded under applicable law.

Your use of third-party services is at your own risk and subject to the terms applicable to those services.

Reliance on Information

Information made available through the Services is provided for general informational purposes.

Although we make reasonable efforts to keep information accurate and current, we do not warrant that all information on the Site will always be complete, current, or error-free.

This provision does not limit our obligations regarding product descriptions, pricing, consumer warranties, or other rights that cannot be waived under applicable law.

International Use

Clearweather is based in the United States, and the Services are operated from the United States.

If you access or use the Services from outside the United States, you are responsible for complying with applicable laws in your jurisdiction.

You may not use or export the Services or products in violation of applicable United States export-control, sanctions, or other trade laws.

International orders may also be subject to customs, duties, taxes, import restrictions, and other requirements as described in our Shipping Policy.

SMS Marketing and Notifications

You may have the option to subscribe to SMS or other mobile communications from Clearweather.

By affirmatively opting in, you consent to receive recurring marketing and/or transactional text messages from Clearweather at the mobile number you provide, which may be sent using automated technology.

Consent to receive marketing text messages is not a condition of purchasing any product or service.

Message frequency may vary. Message and data rates may apply.

You may opt out of marketing SMS messages at any time by replying STOP. You may request assistance by replying HELP or by contacting Clearweather at cs@clearweatherbrand.com.

You represent that you are the subscriber or authorized user of the mobile number you provide. If you relinquish or change that number, you agree to opt out or otherwise notify us so that communications intended for you are not sent to another person.

Mobile carriers are not liable for delayed or undelivered messages.

Your participation in SMS communications is also subject to our Privacy Policy and any additional disclosures presented when you enroll.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site and Services, excluding products purchased from Clearweather to the extent different rights apply, are provided on an “as is” and “as available” basis.

Clearweather does not warrant that the Site or Services will always be uninterrupted, secure, error-free, or free from viruses or other harmful components.

You are responsible for taking reasonable precautions to protect your devices, systems, and data.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLEARWEATHER DISCLAIMS WARRANTIES RELATING TO THE SITE AND SERVICES THAT MAY OTHERWISE BE IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nothing in these Terms excludes or limits any warranty, remedy, or consumer right that cannot lawfully be excluded or limited.

Any products purchased from Clearweather remain subject to applicable express warranties, implied warranties, and statutory consumer protections to the extent required by law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEARWEATHER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, EVEN IF SUCH DAMAGES WERE FORESEEABLE.

This limitation does not exclude Clearweather's obligations to provide refunds, replacement merchandise, warranty remedies, or other relief where required by applicable law or by our applicable policies.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability arising from conduct for which limitation is prohibited by applicable law.

Some jurisdictions do not allow certain exclusions or limitations of damages. In those jurisdictions, the limitations above apply only to the extent permitted by law.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Clearweather and its affiliates, officers, directors, employees, agents, licensors, service providers, successors, and assigns from third-party claims, liabilities, damages, losses, costs, and reasonable expenses arising from:

• Your unlawful or unauthorized use of the Services;

• Your material violation of these Terms;

• Your infringement or violation of another person's intellectual property or other legal rights; or

• Fraudulent or intentionally wrongful conduct carried out through your account.

This section does not require you to indemnify Clearweather for Clearweather's own negligence, misconduct, breach of these Terms, or other liability to the extent such indemnification would be prohibited by applicable law.

Governing Law and Jurisdiction

These Terms and disputes arising out of or relating to these Terms, the Services, or purchases made through the Services will be governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent another jurisdiction's law must apply and cannot lawfully be waived.

The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration and Class Action Waiver provisions below.

For disputes that are not required to be arbitrated, the parties agree to the jurisdiction of the applicable state or federal courts located in or serving Orange County, California, except where applicable law gives you the right to bring a claim in another jurisdiction.

Notice of Dispute and Informal Resolution

Before either you or Clearweather initiates arbitration or files a lawsuit concerning a dispute arising out of or relating to these Terms, the Services, or a purchase from Clearweather, the party asserting the claim must first provide the other party with a written Notice of Dispute, except where applicable law permits a claim to be filed without prior notice.

A Notice of Dispute sent to Clearweather must be delivered by certified or registered U.S. Mail, or by a nationally recognized delivery service that provides tracking and delivery confirmation, to:

Clearweather LLC
Attn: Legal Notice
662 E Dyer Rd

Santa Ana, CA 92705

The sender must retain the applicable tracking number and proof of delivery.

A Notice of Dispute sent to Clearweather must include:

• The claimant's full name and contact information;

• The email address associated with the applicable Clearweather account or order, if any;

• The applicable order number, if the dispute involves a purchase;

• A detailed description of the facts giving rise to the dispute;

• The specific legal or factual basis for the claim, to the extent known;

• The relief or resolution requested; and

• Any documents reasonably necessary to understand or evaluate the claim.

Clearweather will provide any required Notice of Dispute to the customer at the most recent mailing or email address provided to Clearweather, using a method that provides reasonable evidence of transmission or delivery.

After a Notice of Dispute has been delivered, the parties agree to allow at least 30 days to attempt in good faith to resolve the dispute before initiating arbitration or litigation.

To the fullest extent permitted by applicable law, compliance with this Notice of Dispute procedure is a condition precedent to initiating arbitration or a court proceeding covered by these Terms.

This requirement does not apply where applicable law prohibits enforcement of a pre-suit notice requirement, where a statutory filing deadline would expire before completion of the notice period, or where emergency or temporary judicial relief is reasonably necessary to prevent immediate and irreparable harm.

Any applicable limitations period will be tolled during the required informal resolution period to the extent permitted by applicable law.

Nothing in this section modifies or replaces any requirements imposed by applicable law for the formal service of a summons, complaint, arbitration demand, subpoena, or other legal process.

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for the exceptions described below, you and Clearweather agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, a product purchased through the Services, or the relationship between you and Clearweather will be resolved through final and binding individual arbitration rather than in court.

This includes disputes concerning the formation, interpretation, applicability, enforceability, breach, or termination of these Terms, except where applicable law requires a court to determine a particular issue.

Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules in effect when the arbitration is filed, as modified by these Terms only to the extent permitted by those Rules and applicable law.

Information concerning AAA consumer arbitration procedures and rules is available from the American Arbitration Association.

If AAA is unable or unwilling to administer an arbitration, the parties will attempt in good faith to select another nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an arbitrator or arbitration provider as permitted by applicable law.

Arbitration Fees

Arbitration filing, administration, and arbitrator fees will be allocated in accordance with the applicable AAA Consumer Arbitration Rules and applicable law.

Clearweather will pay any arbitration fees that it is required to pay under those Rules or applicable law.

Nothing in these Terms is intended to prevent a consumer from obtaining a fee waiver or other cost protection for which the consumer qualifies.

Location and Format

Arbitration may be conducted based on written submissions, by telephone, by video conference, or through an in-person hearing as permitted under the applicable arbitration rules.

Any in-person consumer hearing will occur at a location permitted by the AAA Consumer Arbitration Rules or otherwise agreed upon by the parties.

Small Claims Court

Either party may bring an eligible individual claim in small claims court instead of arbitration, provided the claim remains within that court's jurisdiction and proceeds only on an individual basis.

Public Injunctive Relief

Nothing in these Terms waives any right to seek public injunctive relief where such a right cannot lawfully be waived.

To the extent applicable law prohibits requiring a particular claim for public injunctive relief to be resolved exclusively through arbitration, that claim may be brought in a court of competent jurisdiction. Any remaining claims will be handled in accordance with this arbitration agreement to the extent permitted by law.

Individual Proceedings and Class Action Waiver

YOU AND CLEARWEATHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim, except for relief that applicable law prohibits the parties from waiving.

Neither party waives any substantive right or remedy that cannot legally be waived.

Jury Trial Waiver

To the extent a dispute is subject to arbitration, you and Clearweather waive the right to have that dispute decided by a judge or jury in court.

Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice to cs@clearweatherbrand.com within 30 days after you first accept the version of these Terms containing this arbitration provision.

Your opt-out notice must include:

• Your full name;

• The email address associated with your Clearweather account or order, if applicable; and

• A clear statement that you wish to opt out of the arbitration agreement contained in the Clearweather Terms of Service.

Opting out of arbitration will not affect your ability to use the Services or make purchases from Clearweather.

Survival

This Arbitration and Class Action Waiver section survives termination of these Terms and termination or closure of your account.

Limitation on Time to File Claims

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms, the Services, or a purchase from Clearweather must be commenced within one (1) year after the claim or cause of action accrues.

This one-year limitation does not apply where applicable law requires a longer limitations period or prohibits contractual shortening of the applicable period.

Nothing in this section alters any applicable rule concerning tolling, accrual, warranty claims, or other rights that cannot lawfully be modified by agreement.

Force Majeure

Clearweather will not be responsible for delays or failures to perform caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, flood, earthquake, acts of government, war, civil unrest, labor disputes, strikes, carrier disruptions, transportation interruptions, supply-chain disruptions, shortages, utility failures, cyberattacks, or other events beyond our reasonable control.

This provision does not eliminate any refund, consumer-protection, or other obligation that cannot lawfully be excluded.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Clearweather may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, corporate reorganization, or transfer of the Clearweather business, subject to applicable law.

No assignment relieves a party of obligations that accrued before the assignment unless otherwise permitted by law.

Waiver

Clearweather's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

A waiver will be effective only when made in writing by an authorized representative of Clearweather and will apply only to the specific circumstances for which it was given.

Severability

If any provision of these Terms is determined by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, if necessary, severed.

The remaining provisions will remain in full force and effect.

If any portion of the Arbitration and Class Action Waiver section is found unenforceable, the effect of that determination will be governed by applicable law and the remaining enforceable portions of that section will remain effective to the fullest extent permitted.

Entire Agreement

These Terms, together with the policies and other terms expressly incorporated by reference, constitute the agreement between you and Clearweather concerning the Services and supersede prior or contemporaneous agreements concerning the same subject matter, except where otherwise expressly stated.

Nothing in these Terms limits rights or remedies that cannot lawfully be waived.

Contact Us

If you have questions regarding these Terms, please contact:

Clearweather LLC
Email: cs@clearweatherbrand.com