Effective Date: January 1, 2025

 

These Terms and Conditions ("Terms") govern and apply to your ordering and purchase of merchandise and apparel (the "Products") from Peoples Endurance Apparel, LLC ("we", "us", "our", or the "Company"), either by mail, telephone, or through the www.peoplesendurance.com website. By placing an order for Products (the "Purchase Order"), you ("you", "your", or "Buyer") agree that the Purchase Order is subject to the terms and conditions set forth below. These Terms are fully integrated into the Purchase Order and supersede any other terms and conditions and/or all prior representations, if any, between you and the Company.

 

1. Purchase Order Acknowledgment

The placement of a Purchase Order for the production and shipment of Products constitutes acceptance by you of the Terms set forth below. Any shipment of Products by the Company shall be deemed to be only on the Terms contained herein, except to the extent that an authorized representative of the Company may otherwise expressly consent to in writing.

 

2. Intellectual Property Rights and Use

The Company is committed to the appropriate and legal use of the intellectual property of others, as well as the protection of its own intellectual property, including but not limited to text, logos, design elements, panel shapes, patterns, color combinations, photographs, prints, images, illustrations, icons, visual effects, graphics, proprietary templates, and brand elements (collectively, the "Design Elements").

2.1 Your Representations and Warranties

You represent and warrant to the Company that you have all rights, title, and interest, including the right to publish and commercially exploit, any and all Design Elements, artwork, logos, images, text, or other content (collectively, "Customer Content") that you may transmit to the Company in connection with the placement of a Purchase Order for custom Products. You are solely responsible for ensuring that any and all Customer Content does not infringe or otherwise violate any third-party rights, including but not limited to copyright, trademark, trade dress, publicity rights, or other intellectual property rights.

2.2 License Grant to Company

To the extent that any Customer Content is subject to any trademark, servicemark, trade dress, or other intellectual property rights (the "Customer IP"), you agree to grant the Company:

a) A limited, non-exclusive license to use such Customer IP to manufacture, produce, and fulfill your Purchase Order;

b) A perpetual, non-exclusive, royalty-free, worldwide license to store, reproduce, and maintain copies of such Customer IP internally for archival, quality control, and reorder purposes;

c) A perpetual, non-exclusive, royalty-free, worldwide license to publicly display, reproduce, and use finished Products incorporating your Customer IP in the Company's marketing materials, advertising, social media, promotional materials, website displays, trade shows, and other commercial activities, unless you explicitly request removal of such content in writing.

By submitting Customer Content, you acknowledge and agree that the Company may showcase finished custom Products in its portfolio and promotional materials without seeking additional permission or providing compensation, though you retain the right to request removal at any time.

2.3 Company Intellectual Property

Except for Customer IP licensed to the Company as described above, all Design Elements, templates, proprietary panel shapes, patterns, graphics, and other content displayed on www.peoplesendurance.com or made available through the Company's customization tools (the "Company IP") belong exclusively to the Company and may not be used, reproduced, or displayed by anyone except with the prior written consent of the Company.

2.4 Limited License to Use Company IP

To the extent that you use any Company IP for the purpose of designing your custom Products through the Company's customization tools, or that any Design Element owned or created by the Company is incorporated into Products for which you place a Purchase Order, you agree to the following additional terms:

a) The Company remains the exclusive owner of any such Design Element, template, pattern, or proprietary content;

b) Your use of Company IP is only permitted as a licensee for the specific and limited purpose of placing a Purchase Order for Products for personal use or team use;

c) You may not resell, commercially exploit, reproduce, or otherwise use Products incorporating Company IP for commercial purposes without a separate written licensing agreement with the Company;

d) The Company may revoke such license at any time in its sole discretion. If the Company revokes such license and you have not breached or otherwise violated these Terms, the Company will refund your Purchase Order, and this will be your exclusive remedy.

2.5 Right to Reject Orders

The Company has the right, in its sole discretion, to reject any Purchase Order or the use of any Customer IP on any Products that the Company considers in violation of these Terms or that is libelous, defamatory, obscene, profane, portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability, sexual orientation, or national origin, containing explicit sexual content, infringing on third-party rights, or otherwise inappropriate for production.

2.6 Copyright Infringement Claims

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of the Company, please provide written notice to:

Peoples Endurance Apparel, LLC
Attn: IP Compliance
8708 S Congress Ave, Ste E500-165
Austin, TX 78745
United States
Email: legal@peoplesendurance.com

In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

 

3. Pricing

Prices are as specified by the Company on www.peoplesendurance.com and may vary from time to time. Products will be sold at the price displayed at the time your Purchase Order is placed and confirmed. The Company reserves the right to charge additionally for custom design services, expedited production, or special requests not appearing in the Company's standard offerings. Prices apply only to the quantity of each item on each order for delivery to the specified address.

 

4. Sales and Local Taxes

Except as otherwise displayed on www.peoplesendurance.com, prices are exclusive of taxes. The Company will collect and remit sales tax, use tax, and other similar taxes or charges imposed by governmental authorities in jurisdictions where the Company is required to do so by law. International orders may be subject to import duties, customs fees, VAT, brokerage fees, and other charges imposed by the destination country, for which you are solely responsible.

 

5. Production and Delivery

5.1 Production Timelines

The Company shall use reasonable efforts to produce and ship Products according to the following estimated timelines:

Retail (Pre-Designed) Products:

• • Processing: 1–3 business days

  • Shipping (domestic): 3–7 business days

Custom-Designed Products:

• • Production: 10–21 business days from order confirmation and artwork approval

  • Shipping (domestic): 3–7 business days

  • Shipping (international): 6–14 business days via DHL

5.2 Delivery Estimates

You acknowledge that any delivery dates or timelines provided by the Company are estimates only and that the Company is not liable for failure to deliver on such estimated dates. Delivery of a quantity which varies slightly from the quantity specified shall not relieve you from the obligation to accept delivery and pay for the Products delivered. Delay in the delivery of one item shall not entitle you to cancel other items in the same order.

5.3 Force Majeure

Deliveries may be wholly or partially suspended, and the time of such suspension added to the original delivery date, in the event of work stoppage, delay, or interruption of work as a result of force majeure events, such as strikes, lockouts, natural disasters, pandemics, supply chain disruptions, material shortages, government actions, or any cause whatsoever beyond the Company's reasonable control. In the event of such an occurrence, the Company shall be entitled to make partial delivery only and/or to terminate the remaining order without prejudice to rights accrued in respect of deliveries already made.

5.4 Shipping Carriers

The Company ships via USPS, UPS, and DHL (for international orders). Shipping methods and carriers are selected at the Company's discretion based on order type, destination, and availability.

 

6. Risk of Loss and Title

All items purchased from Peoples Endurance Apparel, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Once Products are delivered to the shipping carrier, the Company is not responsible for lost, stolen, or damaged packages.

 

7. Returns, Exchanges, and Refunds

7.1 Custom Products

Custom-designed Products are made to order based on your specifications. Under no circumstances may custom Products be returned, exchanged, or refunded unless the Products are defective or materially different from what was ordered. By placing a custom order, you acknowledge that you have carefully reviewed all design proofs, specifications, sizes, and details, and that custom orders are final.

7.2 Retail (Pre-Designed) Products

Retail Products that are not custom-made may be returned for a refund or exchange within 30 days of delivery, provided that:

• • Products are unused, unwashed, and in original condition with all tags attached;

  • You contact the Company to initiate a return authorization;

  • Products are returned in accordance with the Company's return procedures.

Return shipping costs for non-defective retail Products are the responsibility of the Buyer. The Company will provide a full refund of the purchase price (excluding original shipping fees) upon receipt and inspection of returned Products.

7.3 Defective or Incorrect Products

If Products are defective or materially different from what was ordered, you must notify the Company within:

• • 14 days of delivery for print defects, color errors, or manufacturing defects;

  • 30 days of delivery for structural failures, including stitching issues, seam failures, or construction defects.

To report a defect, you must provide photographic evidence and a detailed description of the issue. If the Company determines that Products are defective or incorrect, the Company will, at its sole discretion, replace the Products, issue a refund, or provide store credit. The Company's liability for defective or incorrect Products is limited to replacement or refund of the purchase price.

7.4 No Unauthorized Returns

Under no circumstances shall any Products be returned to the Company, nor orders canceled, nor deliveries suspended by you without the Company's prior written consent. Such consent will be granted at the sole discretion of the Company. All Products authorized for return shall be returned with freight prepaid in the manner specified by the Company. If you return Products without the Company's prior written consent, Products shall be refused or returned to you at your expense.

7.5 Claims for Shortage or Shipping Damage

Claims for shortage or for Products damaged during shipment must be reported to the Company and filed with the freight carrier by you immediately upon receipt of the Products. The Company is not responsible for damage or loss that occurs during shipping after Products have been delivered to the carrier.

 

8. Warranty and Limitation on Liability

8.1 Limited Warranty

THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS EXCEPT AS EXPRESSLY STATED IN SECTION 7.3 ABOVE. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR RESPECTING NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS ARISING FROM YOUR USE OF CUSTOMER CONTENT.

8.2 Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE COMPANY'S PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR PERSONAL INJURY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF THE COMPANY ON ANY CLAIM SHALL NOT IN ANY EVENT EXCEED THE PRICE PAID TO THE COMPANY FOR THE PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM.

YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY PRODUCTS OR SERVICES DELIVERED HEREUNDER.

 

9. Indemnity

You shall indemnify, defend, and hold harmless the Company and its officers, directors, members, agents, employees, and consultants against all liability, loss, damage, costs, and expenses (including reasonable attorneys' fees) whatsoever arising out of or relating to:

a) Any breach by you of these Terms;
b) Your negligence or intentional acts;
c) Any claim that Customer Content you provided infringes or violates any third-party intellectual property rights or other rights;
d) Your misuse of Products or violation of applicable laws.

 

10. Entire Agreement

These Terms constitute the entire agreement between you and the Company and there are no understandings, representations, or warranties of any kind, express or implied, not expressly set forth herein. No modification of these Terms shall be of any force or effect unless such modification is in writing and signed by both the Company and you. No modification shall be effected by the acknowledgment or acceptance of purchase order forms provided by you containing terms or conditions varying from those set forth herein.

 

11. Waiver

The Company's waiver of any breach, or failure to enforce any of the Terms set forth herein at any time, shall not in any way affect, limit, or waive the Company's right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Company of any payment after a specified due date shall not constitute a waiver of your obligation to make timely payments in the future.

 

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any action brought to enforce these Terms or matters related thereto may be brought only in either the State or Federal Courts located in Travis County, Texas; provided, however, that the Company shall have the right to institute judicial proceedings in any jurisdiction against you or anyone acting by, through, or under you, in order to enforce the Company's rights hereunder through reformation of contract, specific performance, injunction, or similar equitable relief.

Unless any claim or cause of action you have with respect to Products and/or services provided by the Company is commenced within one (1) year after the date of the event giving rise to the claim, the Company will be discharged of all liability whatsoever.

 

13. Severability

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms, and the remaining provisions will remain in full force and effect.

 

14. Attorneys' Fees

In the event of a dispute arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

 

15. Contact Information

For questions regarding these Terms, please contact:

Peoples Endurance Apparel, LLC
8708 S Congress Ave, Ste E500-165
Austin, TX 78745
United States
Email: legal@peoplesendurance.com

 

By placing an order with Peoples Endurance Apparel, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.