Terms of Service

Overview

Welcome to The Honor Union! The terms "we", "us" and "our" refer to The Honor Union. The Honor Union operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The Honor Union is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and a binding arbitration provision and class action waiver in Section 26.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your state of residence, if higher) and have the full legal capacity to enter into a binding agreement. The Services are not directed to, and may not be used by, anyone under 18. You further consent to allow any of your minor dependents to use the Services only on devices you own, purchase, or manage and under your supervision, and you are responsible for all activity conducted through your account or such devices.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity, and you agree to notify us immediately at hello@thehonorunion.com of any unauthorized use of your account or any other breach of security. You may not transfer, sell, assign, or license your account to any other person.

1.1 Acceptance; Electronic Assent (Clickwrap)

By clicking "Complete Purchase," "Place Order," "I Agree," or any equivalent confirmation button or checkbox presented to you, by creating an account, by enrolling in the VIP Membership or any subscription, or by otherwise accessing or using the Services, you take an affirmative action that constitutes your electronic acceptance of, and agreement to be legally bound by, these Terms of Service (including the arbitration agreement and class action waiver in Section 26), our Privacy Policy, and all subscription and billing terms disclosed to you at the point of purchase. If you do not agree, you must not access or use the Services. Your acceptance is recorded and, together with the terms then in effect, forms a binding agreement between you and The Honor Union.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

2.1 Product Safety, Allergens, and Assumption of Risk

Our products, including jewelry and apparel, may contain metals, dyes, coatings, or other materials that can cause allergic or sensitivity reactions (including, for example, reactions to nickel or other metals) in some individuals. Small items and components may pose a choking or other hazard and are not intended for children. You are responsible for reviewing product descriptions and materials and for determining whether a product is suitable for you before use. If you have or suspect a metal or material sensitivity, discontinue use and consult a qualified professional. Any information provided on the Services is for general informational purposes only and is not medical, health, or professional advice. To the fullest extent permitted by law, you assume all risk associated with the selection, use, and wear of our products.

Section 3 — Orders

When you place an order, you are making an offer to purchase. The Honor Union reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Honor Union confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as The Honor Union may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

3.1 Returns and Refunds

Except as expressly provided in our Refund Policy or as required by applicable law, all sales are final. Any returns, exchanges, or refunds are governed solely by our Refund Policy, which is incorporated into these Terms by reference. Where a refund is provided, it will be issued to the original payment method used for the purchase. Unless otherwise stated in our Refund Policy or required by law, shipping, handling, and any similar fees are non-refundable. Nothing in this Section limits any non-waivable rights or remedies you may have under applicable consumer-protection law.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card or other payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

4.1 Payment Disputes and Chargebacks

If you believe a charge is incorrect or unauthorized, you agree to contact us at hello@thehonorunion.com before initiating a chargeback or payment dispute with your bank or card issuer, so that we can promptly investigate and resolve the issue. Many disputes — including those relating to VIP Membership renewals, shipping timelines, or duplicate charges — can be resolved quickly and directly. Initiating a chargeback for a charge that was authorized and valid (including validly enrolled recurring VIP Membership charges) may constitute a breach of these Terms. We reserve the right to dispute any chargeback we believe to be improper, to recover amounts owed (including any associated fees), and to suspend or terminate the account of any customer who engages in fraudulent or abusive chargeback activity, in each case to the extent permitted by applicable law.

4.2 Taxes

Posted prices do not include sales, use, excise, or other taxes unless otherwise stated. We will collect and remit applicable taxes where required by law, including as a marketplace or as required by the taxing jurisdiction into which your order is shipped. The tax amount applied to your order is based on the information available at the time of purchase and may be adjusted if incorrect. You are responsible for any taxes, duties, or charges not collected by us at checkout, including any import, customs, or similar charges on international orders.

4.3 Fraud Prevention; Order Limits and Verification

We reserve the right, at our sole discretion, to limit or cancel quantities purchased per person, per household, or per order; to refuse, limit, or cancel any order; and to require additional verifying information before accepting or shipping an order. We may use fraud-screening and verification tools and may decline or cancel orders that we reasonably suspect to be fraudulent, unauthorized, placed in violation of these Terms, or that involve a billing or shipping discrepancy. We may take these actions with respect to orders placed under the same customer account, payment method, billing or shipping address, email address, or IP address.

Section 5 — VIP Membership Terms (Recurring Subscription / Negative Option)

5.1 Enrollment and Consent

VIP Membership is optional. You are only enrolled if you affirmatively select and agree to it at checkout. The material terms of the VIP Membership — including the recurring price, the 28-day billing frequency, the automatic-renewal nature of the charges, and the fact that charges continue until you cancel — are disclosed clearly and conspicuously at the point of enrollment, immediately adjacent to where you provide your consent. By selecting the VIP Membership and completing checkout, you affirmatively consent to enrollment and to the recurring charges described. We retain records of your consent.

5.2 Billing and Automatic Renewal

By enrolling, you authorize The Honor Union to charge your selected payment method for the VIP Membership fee displayed at checkout, including any applicable taxes or fees. Your first payment is processed on the date of enrollment. Thereafter, your membership automatically renews and your payment method is automatically charged approximately every twenty-eight (28) days, at the then-current membership rate, until you cancel. The charges will continue on this recurring basis until you cancel; no separate action is required from us to renew.

5.3 Acknowledgment and Confirmation

After enrollment, we will send you an acknowledgment by email that includes the terms of the membership, the recurring charge amount and frequency, and information on how to cancel. You will also receive a confirmation email after each successful payment. Where required by applicable law, we will send a renewal reminder before a renewal charge and notice of any material change to the membership terms or price before it takes effect.

5.4 Price Changes

We may change the VIP Membership price or terms on a going-forward basis. We will notify you in advance as required by applicable law, and any change will apply only to renewals occurring after the notice period. If you do not agree to a change, you may cancel before the change takes effect.

5.5 Cancellation

You may cancel your VIP Membership at any time, and cancellation is designed to be at least as easy as enrollment. You may cancel: (i) through the self-service cancellation option in your customer account or membership portal; or (ii) by contacting customer support at hello@thehonorunion.com or +1 626 340 0904. You do not need to speak with a representative or complete any additional steps beyond those reasonably necessary to confirm your identity and your request. Cancellation stops future renewals. Cancellation takes effect at the end of the current active billing period; it does not retroactively cancel the current period. Partial refunds for the current period are not provided unless required by applicable law or by our Refund Policy.

5.6 Account Updater

We may use an automatic account updater service provided by our payment processor or card networks. This service may automatically update your stored payment information (for example, a new card number or expiration date) when your card issuer makes updated information available, so that your VIP Membership can continue without interruption. If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel your VIP Membership as described in Section 5.5.

5.7 Failed Payments

If a recurring payment cannot be processed, we may attempt to charge the payment method again or contact you to update your billing information. We reserve the right to suspend or terminate memberships for non-payment or at our discretion.

Section 6 — One-Time Purchase Terms

If you select a one-time purchase and do not enroll in the VIP Membership, your payment method will be charged only once for the amount displayed at checkout, including any applicable taxes, shipping charges, and fees.

No recurring billing or future automatic charges will apply to one-time purchases. All payments are processed at the time of order confirmation. Once payment is approved, your order will be prepared and fulfilled according to our shipping timelines.

By completing a one-time purchase, you acknowledge that you are not enrolled in any subscription or recurring billing program unless you separately opt in at checkout.

Section 7 — Automatic Renewal Disclosures and State-Specific Renewal Rights

This Section applies to any automatically renewing subscription, including the VIP Membership. Consistent with applicable automatic-renewal laws, we disclose the automatic-renewal terms clearly and conspicuously before you subscribe, obtain your affirmative consent, provide an acknowledgment with cancellation information, and offer a simple, cost-effective mechanism to cancel.

California residents: Under California law (Cal. Bus. & Prof. Code §§ 17600–17606), you may cancel an automatically renewing subscription before the next renewal date using the online cancellation mechanism available in your customer account or membership portal, or by contacting us at hello@thehonorunion.com. California customers who accepted an automatic-renewal offer online may cancel online without any additional steps that obstruct or delay cancellation.

Residents of other states (including, where applicable, those with automatic-renewal statutes) have the same right to cancel before the next renewal date through the mechanisms described in Section 5.5, in addition to any additional rights provided under the law of their state.

Section 8 — Electronic Communications and E-SIGN Consent

By using the Services, providing your email address, or making a purchase, you consent to receive communications from us electronically — including emails, order and account notices, receipts, renewal acknowledgments and reminders, and legally required disclosures — and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

You consent to the use of electronic records and electronic signatures in connection with your relationship with us under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and comparable state laws. To access and retain electronic communications, you need a device with internet access, a current web browser, and a valid email account. You may request a paper copy of any electronic record, and you may withdraw your consent to receive records electronically, by contacting us at hello@thehonorunion.com; however, withdrawing consent may prevent us from providing certain Services, and it does not apply retroactively to communications already provided. You are responsible for keeping your email address current.

Section 9 — Text Messaging and Telephone Contact Consent

If you provide your telephone number and opt in, you consent to receive calls and text (SMS/MMS) messages from us or on our behalf at that number, which may include transactional messages (such as order updates and renewal reminders) and, where you have separately opted in, marketing messages. You understand and agree that:

• These messages may be sent using an automatic telephone dialing system or with an artificial or prerecorded voice, and consent to marketing messages is not a condition of any purchase.
• Message frequency varies. Message and data rates may apply, and you are responsible for any charges from your wireless carrier.
• You may opt out of text messages at any time by replying STOP to any message, and you may reply HELP for help. Opting out of marketing texts will not stop transactional messages necessary to service your order or account.
• You may opt out of marketing calls by following the instructions provided or by contacting us at hello@thehonorunion.com.
• Carriers are not liable for delayed or undelivered messages.

You represent that you are the subscriber or customary user of, and are authorized to consent to messages at, the number you provide, and you agree to notify us promptly if you change or relinquish that number. Your provision of a telephone number, and any consent given, is subject to our Privacy Policy.

Section 10 — Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

The carrier's delivery confirmation or tracking record showing delivery to the address you provided shall be deemed conclusive proof of delivery, whether or not a signature was obtained. You are responsible for providing a complete and accurate shipping address; we are not responsible for products that are undeliverable, delayed, or lost as a result of an incorrect or incomplete address, and you remain responsible for the charges for such orders. International customers are responsible for any customs duties, import taxes, and similar charges.

Section 11 — Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Honor Union, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of The Honor Union, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by The Honor Union.

The Honor Union's names, logos, product and service names, designs, and slogans are trademarks of The Honor Union or its affiliates or licensors. You must not use such trademarks without the prior written permission of The Honor Union. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 12 — Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 13 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 14 — Relationship with Shopify

The Honor Union is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Honor Union. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Honor Union, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Honor Union.

Section 15 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 16 — Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

Section 17 — Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 18 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm The Honor Union, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 19 — Agents

19.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

19.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 19.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

19.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

19.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 20 — Accessibility

We are committed to making our Services accessible to and usable by as many people as possible, and we strive to align with generally recognized accessibility standards. Accessibility is an ongoing effort. If you encounter any difficulty accessing any part of the Services, or if you have suggestions for improving accessibility, please contact us at hello@thehonorunion.com, and we will make reasonable efforts to assist you and to provide the information, item, or transaction you seek through an alternative accessible method. Any statement in this Section is not a warranty and does not create rights or remedies beyond those provided by applicable law.

Section 21 — Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, government action or restriction, labor disputes, failures of suppliers or subcontractors, shortages of materials, carrier or logistics disruptions, utility or telecommunications failures, and failures of the internet, hosting, or payment-processing infrastructure. Our performance is deemed suspended for the period that such an event continues, and we will have an extension of time to perform for that period.

Section 22 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Prices and Billing, Intellectual Property, Feedback, Termination, Accessibility, Force Majeure, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution; Binding Individual Arbitration; Class Action Waiver, Time Limitation on Claims, Severability, Waiver; Entire Agreement, Assignment, Governing Law and Venue, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 23 — Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by The Honor Union, the Services and all products offered through the Services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

Section 24 — Limitation of Liability

To the fullest extent provided by law, in no case shall The Honor Union, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

To the fullest extent permitted by applicable law, the total aggregate liability of The Honor Union and the parties listed above, for any and all claims arising out of or relating to the Services, any product, or these Terms, shall not exceed the greater of (a) the total amount you paid to The Honor Union for the product(s) or Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred U.S. dollars (US $100).

Because some jurisdictions do not allow the exclusion or limitation of certain damages, in such jurisdictions our liability is limited to the maximum extent permitted by law.

Section 25 — Indemnification

You agree to indemnify, defend and hold harmless The Honor Union, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 26 — Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

26.1 Application and Scope

This Section 26 (the "Arbitration Agreement") applies to and governs any dispute, claim, or controversy between you and The Honor Union (Asaii Group Inc) arising out of or relating in any way to the Services, the products or services you purchase from us, any VIP Membership or other subscription, these Terms of Service, our Privacy Policy, any marketing or communications you receive from us, or the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claim arose before, during, or after the termination of these Terms (each, a "Dispute").

The Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement is intended to be broadly interpreted and survives termination of these Terms.

26.2 Informal Resolution Required First

Before initiating any arbitration or other proceeding, you and The Honor Union agree to first attempt to resolve any Dispute informally for at least sixty (60) days. If you have a Dispute, you must first send a written "Notice of Dispute" to us at 2023 Mountain View Ln, Logan, Utah 84341, United States, Attn: Legal – Dispute Resolution, with a copy to hello@thehonorunion.com. The Notice of Dispute must (i) include your name, the email address and any order number associated with your purchase, and a mailing address; (ii) describe the nature and basis of the Dispute in sufficient detail; and (iii) set forth the specific relief sought, including any specific dollar amount. If we have a Dispute with you, we will send our Notice of Dispute to the email or billing address we have on file for you.

A Notice of Dispute must be individualized — it must concern only your own Dispute, and it may be signed only by you (or your individual counsel). A single Notice of Dispute may not seek to resolve the claims of more than one person. Any applicable statute of limitations and any arbitration filing deadline will be tolled while the parties engage in this informal resolution process. Completion of this informal process is a condition precedent to commencing arbitration, and either party may seek to enjoin the filing or prosecution of an arbitration for failure to comply.

26.3 Agreement to Arbitrate

If the parties do not resolve a Dispute through the informal process in Section 26.2, then either party may elect to have the Dispute finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as then in effect and as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org.

Except as set forth in this Arbitration Agreement, the arbitrator — and not any federal, state, or local court or agency — has exclusive authority to resolve any Dispute, including any threshold question of arbitrability, and any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of it is void or voidable. The one exception is that the interpretation and enforceability of the Class Action Waiver in Section 26.4 and the Mass Arbitration provisions in Section 26.6 shall be decided by a court of competent jurisdiction and not by an arbitrator.

26.4 Class Action Waiver

You and The Honor Union agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or other representative proceeding.

The arbitrator may not consolidate or join the claims of more than one person, may not otherwise preside over any form of a consolidated, representative, or class proceeding, and may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Any relief awarded may not affect other customers.

If a court decides that applicable law precludes enforcement of any of this Section 26.4's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and our right to appeal that decision. All other claims will be arbitrated, and this Arbitration Agreement will otherwise remain in full force and effect.

26.5 Jury Trial Waiver

If for any reason a Dispute proceeds in court rather than in arbitration, you and The Honor Union each knowingly and irrevocably waive any right to a trial by jury.

26.6 Mass or Coordinated Arbitrations

If twenty-five (25) or more Notices of Dispute of a substantially similar nature are submitted, or arbitration demands are filed, by or with the assistance or coordination of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or otherwise coordinated), you and The Honor Union agree that such filings constitute "Mass Arbitrations" and that the additional requirements below apply, in addition to the AAA Mass Arbitration Supplementary Rules and the AAA's applicable fee schedules for multiple case filings:

(a) Staged (Bellwether) Process. The parties agree that the Mass Arbitrations will proceed in stages. In the first stage, counsel for the claimants and The Honor Union shall each select an equal number of individual cases (not to exceed a total of ten (10) cases, or such other number as the Process Arbitrator directs) to be filed and to proceed to arbitration as "bellwether" cases. No other cases may be filed, and no arbitration or administrative fees for the remaining cases are due, until the bellwether cases have concluded.

(b) Mediation and Application of Results. After the bellwether cases conclude, the parties shall engage in a single global mediation of all remaining cases, and the results and rulings from the bellwether cases may be used to inform resolution of the remaining cases. If mediation does not resolve the remaining cases, they shall proceed in successive batches determined by the Process Arbitrator.

(c) Process Arbitrator. A single Process Arbitrator shall be appointed to resolve disputes regarding the application of this Section 26.6, the batching and sequencing of cases, the allocation and timing of fees, and any other coordinated administrative matter.

(d) Tolling. All applicable limitations periods and filing deadlines are tolled for all affected claimants while the staged process proceeds.

If any part of this Section 26.6 is found unenforceable, then the entire Arbitration Agreement (other than the Class Action Waiver in Section 26.4, which shall survive) shall be null and void as to the affected coordinated filings, and those Disputes shall proceed in a court of competent jurisdiction subject to Section 32.

26.7 Arbitration Procedures

The arbitration will be conducted by a single neutral arbitrator. Unless you and The Honor Union agree otherwise, any arbitration hearing that requires an in-person appearance will take place in the county (or parish) of your residence, or, at your election, may be conducted by telephone or videoconference or based solely on written submissions, as permitted by the AAA Rules. You will not be required to travel to Utah to participate in the arbitration. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions. The arbitrator's award is final and binding, and judgment on the award may be entered in any court having jurisdiction. The arbitrator may award any relief that a court could award on an individual basis under applicable law, subject to the limitations in this Arbitration Agreement.

26.8 Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA Rules, including the AAA Consumer Arbitration Rules and, where applicable, the Mass Arbitration Supplementary Rules and associated fee schedules. Each party is responsible for its own attorneys' fees and costs unless the arbitrator awards them as authorized by, and to the extent permitted by, applicable law.

26.9 Small Claims Court Exception; Injunctive and Public Injunctive Relief

Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction if the claim is within that court's jurisdiction and proceeds on an individual (non-class, non-representative) basis. The parties also retain the right to seek, in a court of competent jurisdiction, temporary or preliminary injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or fraud or misuse of the Services, pending arbitration.

To the extent a claim seeks "public injunctive relief" (as that term is defined under applicable law, including California law), and a court of competent jurisdiction determines that such relief cannot be waived and cannot be awarded in arbitration, then the claim for public injunctive relief (and only that claim) shall be severed and stayed pending the arbitration of all other claims, and may thereafter be brought in a court of competent jurisdiction under Section 32. This provision is intended to comply with, and does not waive any right to public injunctive relief that cannot lawfully be waived.

26.10 Your Right to Opt Out of Arbitration

You may opt out of this Arbitration Agreement (Sections 26.3 through 26.8) within thirty (30) days after you first accept these Terms. To opt out, send written notice to 2023 Mountain View Ln, Logan, Utah 84341, United States, Attn: Arbitration Opt-Out, or email hello@thehonorunion.com with the subject line "Arbitration Opt-Out," stating (i) your name, (ii) the email address and any order number associated with your account, and (iii) a clear statement that you wish to opt out of the Arbitration Agreement. Opting out will not affect any other part of these Terms, including the Class Action Waiver in Section 26.4 and the jury trial waiver in Section 26.5, which continue to apply. If you opt out, any Dispute will be resolved in accordance with Section 32 (Governing Law and Venue). This is the only way to opt out.

26.11 Severability of this Section

If any provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed and the remainder of this Arbitration Agreement will remain in full force and effect, except that: (a) if the Class Action Waiver in Section 26.4 is found unenforceable as to a particular claim for relief, the consequences are governed exclusively by Section 26.4; and (b) if the entirety of the Class Action Waiver is found unenforceable, then the entire Arbitration Agreement (except this sentence and the jury trial waiver in Section 26.5) shall be null and void as to any claims brought on a class, collective, or representative basis.

26.12 Future Changes to This Section

If we make a material change to this Arbitration Agreement after the date you first accepted these Terms, that change will not apply to any Dispute for which we had actual notice on or before the date of the change. For all other Disputes, the change will become effective upon posting, and your continued use of the Services or continuation of any subscription after the change constitutes your acceptance of the amended Arbitration Agreement. If you do not agree to the amended Arbitration Agreement, you may reject it by sending written notice within thirty (30) days as described in Section 26.10, in which case the most recent version of this Arbitration Agreement to which you agreed will govern.

Section 27 — State-Specific Consumer Disclosures

California residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California residents may also have rights under the California Consumer Privacy Act and the "Shine the Light" law regarding personal information, as described in our Privacy Policy.

These disclosures are provided in addition to, and do not limit, any rights you may have under the law of your state of residence.

Section 28 — Time Limitation on Claims

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the Services, any product, or these Terms — whether resolved in arbitration, small claims court, or (for customers who have validly opted out of arbitration) any other court — must be filed within one (1) year after the date the claim arose or the events giving rise to the claim first occurred; otherwise, the claim is permanently barred. You and The Honor Union agree to shorten any longer statute of limitations that would otherwise apply. This limitation does not apply where prohibited by law.

Section 29 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 30 — Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with our Privacy Policy, our Refund Policy, and any other policies or operating rules posted by us on this site or in respect to the Service (each incorporated by reference), constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 31 — Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 32 — Governing Law and Venue

Except as otherwise governed by the FAA with respect to the Arbitration Agreement in Section 26, these Terms of Service and any separate agreements whereby we provide you Services, and any Dispute, shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration (including any Dispute for which arbitration is found inapplicable, any small claims matter brought in a court of general jurisdiction, or any claim by a customer who has validly opted out of arbitration), you and The Honor Union agree to the exclusive jurisdiction and venue of the state and federal courts located in Cache County, Utah, and each party consents to personal jurisdiction there and waives any objection based on inconvenient forum.

Section 33 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 34 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Changes to the Arbitration Agreement are governed by Section 26.12.

Section 35 — Contact Information

Questions about the Terms of Service should be sent to us at hello@thehonorunion.com or +1 626 340 0904.

Our contact information is posted below:

DBA: The Honor Union
Asaii Group Inc
Business address: 2023 Mountain View Ln
Logan, Utah 84341
United States
hello@thehonorunion.com