Last updated: August 11, 2025
These terms of use (“Terms”) are entered into by and between you (“you” or “your”) and Closet Factory Inc (“Closet Factory” “us”, “we”, or “our”) in connection with your use of our website found at https://www.closetfactory.com, and other online platforms and applications that we offer and which directly link to these Terms (collectively the “Service”).
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN PROVISIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM.
1. Acceptance of These Terms
ACCEPTANCE OF THESE TERMS
BY ACCESSING OR USING THE SERVICE, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE YOU FURTHER AGREE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THESE TERMS AND THAT THEY ARE BINDING UPON YOU. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU DO NOT MEET THE REQUIREMENTS SET FORTH HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICE.
2. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time to reflect changes in applicable laws and regulatory requirements relating to the use of the Service and related services, or to implement technical adjustments and improvements, or to respond to market requirements. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. We will indicate that the Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
3. Accounts
To access certain parts of the Service, you are required to use a registered account (“Account”). When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion.
4. Cookies and Online Technologies
Our Service incorporates the use of third-party technologies, including cookies and other online technologies to enhance user experience and to analyze performance and traffic on our website and use of our Service (“Cookies”). Cookies and related information collected about your use of our Service may be shared with our social media, advertising, and analytics partners. You may manage your preferences for certain non-essential Cookies through our cookies settings tool. For more information about our use of Cookies and how we may share information with third parties, please see our privacy policy at https://www.closetfactory.com/privacy-policy/ (“Privacy Policy”).
5. Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you provide us with a phone number in connection with purchase made through the Service, we may contact you in connection with such purchase. You also authorize us through your acceptance of these terms to allow Closet Factory or its service providers to send you marketing communications, including but not limited to calls, text messages (SMS and MMS), and prerecorded or artificial voice messages, using automated technology unless prohibited by law. You may opt out of receiving marketing calls or text messages at any time by following the instructions provided in the communication (such as replying “STOP” to a text message) or by contacting us directly. You represent and warrant that you are the authorized user of the phone number provided and that you have the authority to consent to receive communications at that number. You agree to promptly notify Closet Factory Inc if your phone number changes or is no longer in your possession.
For more information about how we use your personal information, including your phone number, please review our Privacy Policy.
6. Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
7. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
8. Contests, Sweepstakes and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
9. User Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting User Content on or through the Service, You represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service. However, by posting User Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such User Content on and through the Service.
Closet Factory Inc has the right but not the obligation to monitor and edit all User Content provided by users.
In addition, Content found on or through this Service is the property of Closet Factory Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
10. Intellectual Property
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge and agree that the Service and its original content (excluding User Content), features, tools, functionality, and all intellectual property rights therein, and all trade names, logos, and other trademarks and service marks associated with Closet Factory (“Closet Factory IP”) are and will remain the exclusive property of Closet Factory Inc and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Closet Factory.
No licenses or rights are granted to you by implication or otherwise in or to any Closet Factory IP or any other intellectual property rights owned or controlled by us or our licensors, except as expressly provided in the Terms. All rights not expressly granted to you by the Terms are hereby reserved by Closet Factory.
11. Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Closet Factory.
Closet Factory has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Closet Factory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
12. Termination and Suspension of Accounts
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. When an issue arises, we reserve the right to consider your performance history and the specific circumstances in applying our policies and making related determinations.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Disclaimers; No Express Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE, OR THAT: A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, CLOSET FACTORY DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE SERVICE, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, AND (III) ANY CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify, and hold harmless Closet Factory Inc and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) User Content posted on the Service.
15. Limitation Of Liability
IN NO EVENT SHALL CLOSET FACTORY INC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE FOREGOING, OUR SOLE AND ENTIRE MAXIMUM LIABILITY TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY, IN CONNECTION WITH THE SERVICE SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY IN CONNECTION WITH YOUR USE OF THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLOSET FACTORY AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
16. Dispute Resolution
a. Disputes.
The terms of this Section 16 shall apply to all Disputes between you and Closet Factory. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy, or action between you and Closet Factory arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and Closet Factory, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND CLOSET FACTORY AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY CLOSET FACTORY FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF CLOSET FACTORY.
b. Opt-Out.
You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to Closet Factory at Contact Us section below within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.
c. Dispute Notice.
In the event of a Dispute, you or Closet Factory must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Closet Factory must be addressed to [INSERT ADDRESS] (“Closet Factory Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Closet Factory and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or Closet Factory may proceed to mediation as articulated in this Section. You and Closet Factory will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.
d. Mediation.
In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section.
e. Binding Arbitration.
In the event mediation is unsuccessful, you and Closet Factory agree: (1) to arbitrate all Disputes between you and Closet Factory pursuant to the provisions of this Agreement; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in this Agreement.
f. Small Claims Court.
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court’s jurisdiction and is pending only in that court.
g. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND CLOSET FACTORY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND CLOSET FACTORY AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
h. MASS ACTION WAIVER.
You and Closet Factory agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Closet Factory expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Closet Factory are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Closet Factory’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Closet Factory from participating in a mass settlement of claims.
i. Special Master Appointment.
In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice [INSERT E-MAIL]. Closet Factory may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.
j. Batching.
After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration.
k. Arbitration Procedure.
If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
l. Hearing Format.
Unless otherwise agreed, the arbitration shall take place in California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Closet Factory or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Closet Factory is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
m. Arbitration Fees.
Closet Factory will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or Closet Factory pursuant to this Agreement. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses.
n. Amendments to this Section.
Notwithstanding any provision in this Agreement to the contrary, you and Closet Factory agree that if Closet Factory makes any material amendments to the dispute resolution procedure and class action waiver provisions in this Agreement, Closet Factory will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Closet Factory Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
o. Severability
If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.
p. Exclusive Venue for Other Controversies.
Closet Factory and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
17. Governing Law
These Terms, including all subject matter related thereto, all Disputes, and the arbitration agreement, shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
18. Miscellaneous
These Terms constitute the entire and exclusive understanding and agreement between you and Closet Factory regarding your access to and use of the Service and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Closet Factory regarding the subject matter hereof. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our prior written consent. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by the Terms. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto. Our failure to exercise any right or enforce any obligation under these Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach, and the exercise by either party of any of its remedies under the Terms will be without prejudice to its other available remedies. Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms shall survive such expiration or termination.
19. Contact Us
If you have any questions about these Terms, please contact us. Call 310-516-7000 or email paris.bernhardt@closetfactory.com.
