TERMS OF USE

Last updated [March 1, 2022]

Welcome to the Theory LLC websites, which include but are not limited to Theory.com and TheoryOutlet.com (the "Sites"). Please read the following terms and conditions (the “Terms of Use”) carefully before using the Sites. By accessing the Sites, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Sites. We recommend that you keep a printed copy of these Terms of Use for future reference.

Intellectual Property Ownership & Use

Please be aware that as you visit and navigate this website your use of our website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.

Trademarks

You may not use any of the Theory trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Theory name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Theory's products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Copyright

All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Theory and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.

Non-Confidential Information

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

Errors & Inaccuracies

We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

Product Orders

All orders placed through the website are subject to Theory's acceptance. This means that Theory may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Theory will issue you a refund.

Shipment of Order

Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on theory.com. All purchases from theory.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

Disclaimer of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

Applicable Law

By visiting our website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.

MOBILE TERMS OF USE

Theory offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 23174. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Theory reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

A. Authorize Theory to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at (877) 242-3317. view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on short code 23174, your message frequency may vary. You may receive alerts about:

A. Sales

B. Promotions

C. Offers

D. Brand Updates

E. Cart reminders

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Theory may add or remove any wireless carrier from the Service at any time without notice. Theory and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Theory, text the word STOP to 23174 any time or reply STOP to any of the text messages you have received from Theory. After texting STOP to 23174, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 23174. You can contact us by phone at (877) 242-3317.

Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.