(Last updated December 15, 2020)

IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SMALL CLAIMS) AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE “RESOLUTION OF DISPUTES” PROVISION. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Bestofcustom THAT CONDITIONS YOUR USE OF THE SERVICES. BY USING, PARTICIPATING IN, OR ACCESSING Bestofcustom SERVICES (AS DEFINED BELOW), YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

ACCEPTANCE OF THE TERMS OF USE
Welcome and thank you for using the services offered by Pacific Sunwear of California, LLC, and its affiliates (“Bestofcustom”). The following Terms of Use govern all websites (including but not limited to https://www.Bestofcustom.com and all pages within it) (“the Site”), mobile sites, and applications (including but not limited to the Bestofcustom mobile app (“the App”) owned or operated by Bestofcustom, including any of our content, programs, services, features, activities, and products) (collectively, the “Services”). The Services include, but are not limited to, our Bestofcustom Rewards program (”Bestofcustom Rewards”), our Styled by Bestofcustom program (“Styled by Bestofcustom”) and our digital gift card program (“eGift Card Program”).

PRIVACY POLICY
Your privacy is important to us. We encourage you to read our Privacy Policy to understand our privacy practices, so that you understand the actions we take with respect to your personal information and may make an informed decision about using the Services. Please note that our Privacy Policy is intended to govern any and all matters related to the collection and processing of your personal information (as defined under the Privacy Policy) by Bestofcustom, whereas these Terms of Use apply to all aspects of your relationship with Bestofcustom that do not fall within the scope of our Privacy Policy. You represent and warrant that all data that you provide to Bestofcustom is accurate.

CHANGES TO THE TERMS OF USE
We reserve the right to change these Terms of Use at any time at our sole discretion by posting revisions to the Site and/or the App. Such revisions will be effective immediately upon posting them to the Site and/or the App. You should review these Terms of Use each time you use the Services, so that you understand your rights, remedies, and obligations. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES
The Services are not directed to persons under age 13 in the United States, or the equivalent age in other jurisdictions (such as 16 in the European Union). Users must be at least this age to access, use, or register for the Services. For more information regarding the collection and processing of personal information for users under this age, please visit our Privacy Policy.

If you are at least this age but under 18 years of age, you may only access, use, or register for the Services, including Bestofcustom Rewards and Styled by Bestofcustom, with the consent of a parent or guardian.

Bestofcustom will not be liable for any damages that may result from misrepresentation of age by a user of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We do not ship orders to freight forwarders.

COMMUNICATIONS
In order to provide you with the Services, including to conduct our business and to provide you with the best possible products and services, we may need to provide you with certain communications. By using the Services, and subject to the provisions of our Privacy Policy, you consent to receive any and all such communications. We will communicate with you electronically, including but not limited to e-mail, text, or SMS communications and push notifications, or by posting or sending you notices through the Site and/or the App.

You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We welcome your comments and feedback. All communications and comments submitted to us using the Services are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment as permitted under applicable laws. We retain rights to all comments, feedback, suggestions and submissions to us using the Services. However, Bestofcustom’s use and retention of such information may be limited by applicable laws, including the laws of the European Union and California as described in our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to Bestofcustom, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The Content may not be used in connection with any product or service that is not Bestofcustom’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bestofcustom. All other trademarks not owned by Bestofcustom that via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bestofcustom. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.

You are granted a limited, non-sublicensable right to access the Services to print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).

Any unauthorized use of the Services or the Content therein terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray Bestofcustom, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Bestofcustom logo or other proprietary graphic or trademark as part of the link without express written permission.

SERVICE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed via the Services. However, we do not warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed via the Services. We reserve the right to discontinue the sale of any product listed via the Services at any time without notice. If upon receipt of a product offered by Bestofcustom you find that it is not as described via the Services, your sole remedy is to return it in unused condition, subject to Bestofcustom’s Return/Exchange policy .

We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.

Product prices offered via the Services may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed via the Services are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges. State and local sales or use taxes that may apply to your order.

All items purchased, earned, or otherwise ordered from the Services are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY Bestofcustom ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Bestofcustom DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. Bestofcustom DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES (INCLUDING PRIZES AVAILABLE THROUGH Bestofcustom REWARDS) ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.

You understand that Bestofcustom cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS ON LIABILITY
IN NO EVENT WILL Bestofcustom, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any manner that violates any applicable federal, state, local and international law or regulation;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Services;
In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; or
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 Bestofcustom or users of the Services, or may expose Bestofcustom or users of the Services to liability.
ADDITIONAL PROHIBITED USES
You further agree not to:

Use any robot, spider or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the material on the Services;
Use any manual process to monitor or copy any of the Content on the Services for any unauthorized purpose without Bestofcustom’s prior written consent;
Use any device, software, or routine that interferes with the proper working of the Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which any part of the Services is stored, or any server, computer, or database connected to the Services;
Attack the Services via a denial-of-service attack or a distributed denial-of- service attack; or
Otherwise attempt to interfere with the proper working of the Services.
Bestofcustom REWARDS
Bestofcustom’s Bestofcustom Rewards is offered only to legal residents of the 50 United States, the District of Columbia and Puerto Rico. Bestofcustom’s Bestofcustom Rewards makes available to registered users virtual points (“Member Points”) and virtual rewards (“Rewards”) through the Services. The acquisition and use of Member Points and Rewards is governed by these Terms of Use. By registering for or participating in Bestofcustom Rewards, you agree to these Terms of Use.

Registration and Account Access. To access your Member Points, Rewards, and account information, you must be a registered user of the Services and comply with these Terms of Use. You are responsible for maintaining the security of your account and password and making sure that no one besides you has access. You are responsible for all activities that occur under your account. We reserve the right to refuse or cancel your acquisition of Member Points or Rewards at any time at our sole discretion.

Providing Information.

In a Bestofcustom store: To enroll in Bestofcustom Rewards in a Bestofcustom store, you must provide your first name, last name, email address, and phone number. In addition, you can receive 250 Member Points for completing your profile via Bestofcustom.com by providing, in addition to the above information, your account password, who you are shopping for, birthdate, zip code, and physical address
Online at Bestofcustom.com on your desktop : To enroll in Bestofcustom Rewards online on your desktop, you must provide your first name, last name, email address, account password, who you are shopping for, birthdate, and zip code. In addition, you can receive 250 Member Points for completing your profile via Bestofcustom.com by providing, in addition to the above information, your physical address and phone number.
Via the Bestofcustom mobile app on your mobile device : To enroll in Bestofcustom Rewards via the Bestofcustom mobile app on your mobile device, you must provide your first name, last name, email address, and account password. In addition, you can receive 250 Member Points for completing your profile via Bestofcustom.com by providing, in addition to the above information, who you are shopping for, birthdate, zip code, your physical address, and phone number.
If you choose to provide such information to Bestofcustom in a Bestofcustom Store, online at Bestofcustom.com, and/or via the Bestofcustom mobile app, you do so voluntarily, as you can instead decide not to enroll in Bestofcustom Rewards.

Taxes. You are responsible for all applicable taxes, duties, or other governmental fees (collectively, “taxes”) payable in connection with your acquisition, redemption, or use of Member Points or Rewards. If you do not pay the required taxes, you will be responsible for all payments of taxes that are later determined to be due. We reserve the right to collect applicable taxes from you at any time.

Acquiring and Redeeming Member Points. We may offer you the opportunity to obtain Member Points and auto-redeem those Member Points for Rewards. Member Points are provided to you without charge on a promotional basis. We may restrict your acquisition, use, and redemption of Member Points in any manner, at our sole discretion subject to applicable laws. Member Points cannot be transferred to any other user or third party, and cannot be redeemed for cash. We reserve the right to change the way you may acquire Member Points or to discontinue Bestofcustom Rewards at any time subject to applicable laws. We reserve the right to expire Member Points after three hundred sixty-five (365) days of inactivity, except if otherwise required by law. We may restrict your ability to obtain or redeem your Member Points based on your place of residence.

Voluntary Account Deactivation. If you voluntarily deactivate your account and have a remaining balance of Member Points, those Member Points will be expired.

Suspended Accounts. If you violate these Terms of Use, we may suspend or cancel your access to and ability to use your Member Points. We also may suspend or cancel your access to and ability to use your Member Points if we suspect fraudulent, abusive or unlawful activity associated with your account.

Posting Errors. If we post Member Points to your account for an activity that is subsequently voided or canceled, then we will deduct those Member Points from your account. You must ensure that we properly post your Member Points to your Member Points account. If you believe that you have validly acquired Member Points that we have not posted to your account, you must contact us within ninety (90) days after the date you claim to have acquired those Member Points. We may require reasonable documentation to support your claim.

Value. Member Points have no “real-world” or cash value.

Rewards.

Expiration: UNUSED REWARDS EXPIRE AFTER 45 DAYS FROM THE DATE OF ISSUANCE.

Value: Rewards are not “gift certificates” and are not intended for gift-giving purposes. Rewards have no cash value and are purely promotional. Rewards cannot be used retroactively for prior purchases. Unless and until you redeem your Rewards according to these Terms of Use by applying Bestofcustom Rewards to a transaction at a Location or online through the Services, you do not have any right, title, or interest in your Rewards.

Transfer: You may not transfer your Rewards to anyone else. Your Rewards may only be used by you for your own personal benefit. You cannot combine your benefits with the benefits accrued by any other person.

Individual Use Only: Only individual consumers are eligible for the Rewards. Accordingly, Rewards are for individual use only and are not available to bulk commercial buyers.

Rewards Redemption: You can redeem Rewards prior to the expiration date shown on the Rewards by either (i) having a sales associate look up your account and apply the Rewards at a Location or (ii) applying the Rewards online through the Services. The value of Rewards may only be applied towards merchandise purchases. $5 rewards must be applied towards merchandise in increments of $5 or more, and your order must total $0.01 or more (including shipping) when using a Reward at checkout. We may restrict your acquisition, use, and redemption of Rewards in any manner, at our sole discretion subject to applicable laws. Please see our FAQs for additional details. Rewards cannot be redeemed for cash or a cash equivalent, applied to past purchases, or used for purchasing gift cards. If you return merchandise purchased with Rewards, the dollar value of the Rewards allocated to the item(s) returned will not be refunded or credited. Returns are subject to Bestofcustom’s Return/Exchange policies. Additional restrictions may also apply. Bestofcustom employees cannot combine Rewards with their employee merchandise discount.

STYLED BY Bestofcustom – SUBSCRIPTION TERMS
The Styled by BestofcustomStyled by Bestofcustom program is an online retail subscription service through which we send clothing items to participating customers on a recurring basis. We offer several plans (“Subscription Plans”) which vary by the brands offered, the number of items in each shipment, and price. Current Subscription Plans, along with the rates for those plans, are available at https://Bestofcustom.com/subscribe/styled-by-Bestofcustom. Styled by Bestofcustom currently only offers subscriptions of men’s clothes; our women’s subscriptions are coming soon, and these terms will be updated when they are launched.

Subscriptions are continuous and automatically renew unless you cancel or we terminate your account. You may pause, cancel, or otherwise change your subscription at any time, as set forth below. By enrolling in, using products from, or otherwise participating in Styled by Bestofcustom, you agree to Bestofcustom.com’s Terms of Use and Privacy Policy, and to these Subscription Terms.

Recurring Charges Apply. By signing up for a Subscription Plan, you agree that we (or a third-party payment processor) may charge you an initial and recurring subscription fee (“Subscription Fee”), without further authorization from you, at our then-current subscription rate (plus shipping and taxes if applicable), which is nonrefundable. Prices are subject to change, as discussed in the “Changes to Subscription Plans” section below.

Participation Restrictions. Styled by Bestofcustom is offered only to legal residents of the 50 United States, the District of Columbia and Puerto Rico. By agreeing to these Subscription Terms, you represent that you are 18 years of age or older. While Subscription Plans may be purchased for use by individuals under 18 years of age, you must be 18 years of age or older to purchase a Subscription Plan.

Registration. To sign-up for a Styled by Bestofcustom subscription, you will be asked to create a new account. In order to create an account, we will ask you to provide certain information, including an email address, phone number, credit card information, billing address, shipping address, and other requested information, and create a username and password (“Account Details”). When you create an account, you agree to only provide current, accurate and complete Account Details and to maintain the accuracy of the Account Details provided.

Account Security. You are responsible for maintaining the security of your account and password and making sure that no one besides you has access. You are responsible for all activities that occur under your account. You agree to notify Bestofcustom immediately if you suspect any unauthorized use of your account or access to your password. Bestofcustom is not responsible for any loss or activity that results from the unauthorized use of your account. We may suspend or terminate your account, Subscription Plan, and/or access to the Site at any time with or without notice to you if we suspect an unauthorized use of your account.

Payment and Billing. When you join Styled by Bestofcustom you will be required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorized to use. We do not currently accept prepaid cards, gift cards, or rewards certificates as payment for Styled by Bestofcustom subscriptions. By enrolling in Styled by Bestofcustom, you authorize us or our agent to bill your credit card the applicable Subscription Fees, based on your selected Subscription Plan, any and all applicable taxes, and any other charges you may incur in connection with your participation in Styled by Bestofcustom. If you revoke authorization to charge your credit card, or if for any reason we are unable to process your credit card at any time, we may immediately suspend or terminate your Subscription Plan.

If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing your Styled by Bestofcustom subscription. You authorize us to charge outstanding fees and other amounts due us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.

Shipment Contents. The contents of each shipment will vary by Subscription Plan. We will attempt to customize your shipments based on your customer profile, your product reviews and other feedback you choose to provide to us from time to time, but we make no guarantees that you will receive a particular product or products from a particular brand.

Exchanges/Returns. If you are not satisfied with items in your Styled by Bestofcustom shipment, you may exchange them in any Bestofcustom store for store credit. The amount of credit will be issued in proportion to the price of the entire Styled by Bestofcustom shipment, and will be listed in your email order confirmation. You must provide your package slip and a valid form of identification in order for us to process your exchange. Styled by Bestofcustom items are not eligible for returns for refunds. This policy supersedes all other Bestofcustom return policies.

Changes to Subscription Plans. We may modify our Subscription Plans (including pricing and products offered) at any time. At our sole discretion, we may grandfather in the prices of certain members. If we modify your Subscription Plan, you may cancel your subscription, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Website. Failure to cancel after being provided such notice will constitute consent to any modifications.

Cancelling, Pausing, or Otherwise Changing Subscription. You may cancel, pause, or otherwise change your Subscription Plan at any time through the My Account Page, under Edit Account. All changes to your account, including cancellation and pausing your subscription, must be made at least 30 days before the next shipment is shipped. If you cancel or pause your subscription within 30 days of the next shipment, you will be charged for and receive the upcoming shipment, and your change will not go into effect until the following billing cycle.

Pausing a shipment does not cancel your subscription. At the time you pause your shipment, you will be asked to select the duration of the pause. After that time period, we will automatically re-start your subscription unless you choose to further pause, or cancel, your subscription.

You agree that the we may modify, terminate, suspend your subscription for any reason at any time in our sole discretion without prior notice. We will not give any refund for termination related to conduct that, in our discretion, violates the Terms of Use, Subscription Terms, or any applicable law.

REFER A FRIEND
As a Refer-a-Friend member (a “Referrer”), you are subject to Bestofcustom’s Terms of Use and Bestofcustom’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Bestofcustom’s Refer-a-Friend program:

Referrer. Anyone can refer a Friend. You do not need to be a current customer to refer.

Friend (“Referred Customer”). Friends must be new online customers, where by the first online purchase is on https://www.Bestofcustom.com. Friends must use the referral code for their first purchase for it to count as a qualified referral. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).

Qualified Referral. A Qualified Referral is defined as a purchase made online at https://www.Bestofcustom.com by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program link. The Referrer is limited to one Qualified Referral for each Referred Customer; in other words, additional or repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Referral Offer. As a Referrer, you can earn 15% off your online order.

Referred Customer Offer: As a Referred Customer, you can earn 15% off your first online order, and you cannot be defined as a returning online customer. A returning customer is one who has already made a purchase prior online at https://www.Bestofcustom.com.

Eligibility. Eligibility is limited to individuals only. Bestofcustom’s Refer-a-Friend program cannot be used by businesses for affiliate lead generation as determined in Bestofcustom’s sole discretion.

No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Bestofcustom’s Refer-a-Friend program.

Right to Close Accounts. Bestofcustom reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Bestofcustom’s Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Refer-a-Friend Codes:

The Referrer can send a one-time, 15% off discount code to as many Friends as they like. This code is valid for first time purchasers, only on our website, https://www.Bestofcustom.com.
When the Friend(s) make(s) a purchase, the reward email is sent to the initial referrer within 48 hours after the Friend’s purchase with a one-time code that can be applied by the Referrer towards an online purchase.
Expiration: Codes are valid within 30 days of receipt.
Exclusions: Valid on select styles.
Offer is subject to change.
Refer a Friend purchases and redemptions are only valid in locations where Bestofcustom currently ships.

MESSAGING
The below information applies to individuals who have opted into receiving autodialer recurring advertising and telemarketing text messages to their mobile device, otherwise referred to as “Messaging” As part of Messaging, participants will receive text messages to their mobile device on a recurring basis. There is no purchase necessary to participate in the Messaging. To opt-out of receiving text messages to your mobile device at any time, you can text STOP to the short code 57840. You will receive a text message confirmation of your opt-out, and will no longer receive any Bestofcustom text messages to your mobile number unless you opt back in.
Message and data rates may apply, including to your entry submission, our confirmation, and any subsequent text messages. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. Carriers are not liable for delayed or undelivered messages. All associated charges are billed by and payable to your mobile service provider.
Data obtained from you in connection with the Messaging may include your cell phone number, your carrier’s name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. We will only use information you give us to provide requested mobile messaging. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.
The Messaging is available in the United States only.

E-Sign Act Information
The below information applies to individuals who have consented to the use of an e-signature to provide Bestofcustom with permission to send autodialer recurring advertising and telemarketing text messages to their mobile device. At your request and at any time, by contacting us at https://support.attentivemobile.com/help/, Bestofcustom will provide or make available at no cost, a record of your consent and the terms of your consent, in addition to the Messaging terms and conditions, Website Terms of Use, and Privacy Policy on paper or in non-electronic form. You may withdraw, at any time without any conditions, consequences, or fees, your consent to the use of an e-signature to provide Bestofcustom with permission to send autodialer recurring advertising and telemarketing text messages to your mobile device. To withdraw your consent and opt-out, you can text STOP to the short code 57840. You will receive a text message confirmation of your opt-out, and will no longer receive any Bestofcustom text messages to your mobile number unless you opt back in. Your consent to the use of an e-signature applies only to Bestofcustom’s permission to send autodialer recurring advertising and telemarketing text messages to your mobile device. To update information needed to contact you electronically please s at www.Bestofcustom.com/contact .

EGIFT CARD PROGRAM
Bestofcustom’s offers digital gift card services (the “eGift Card Program”) to our customers, operated through a third party vendor. While these Terms of Use remain applicable to the eGift Card Program, the eGift Card Program is also subject to additional terms of use, which you should review and must agree to before participating in the eGift Card Program. The additional terms of use for the eGift Card Program will be made available to you for your review and your indication of assent prior to purchase of any eGift Card. You can also view the eGift Card Program terms of use by clicking on this link .

INTERNATIONAL USE
We make no representation that the Services are appropriate or can legally be used outside the United States. Accessing and using the Services is prohibited in locations where doing so would be illegal. Users that access or use the Services from locations outside the United States do so on their own initiative and are responsible for complying with local laws.

THIRD PARTY CONTENT OR SERVICES
The Services may contain links to or integration of third party content and/or services (including but not limited to any programs, features, activities, and products) owned or operated by parties other than Bestofcustom, including but not limited to social media features. Such links or integrations are provided for your convenience and reference only. Bestofcustom does not own or control the content or services offered by third parties, is not responsible for examining or evaluating third party content or services, and is not responsible for third party content or services. Bestofcustom’s inclusion of links to or integrations of third party content or services does not imply any endorsement of the third party content or services or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with the content or services’ owner(s), operator(s) or sponsor(s). Nor does Bestofcustom’s inclusion of links or integrations imply that Bestofcustom is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked or integrated third party content or services. Bestofcustom does not assume any responsibility or liability for the actions, products, services, or content of third parties. When leaving the Services, you should be aware that these Terms of Use no longer govern. You should carefully review the terms of use, privacy policy, and all other relevant user agreements for the third party content or services.

RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. You and Bestofcustom waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration; provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. “Dispute” as used in these Terms of Use, means any controversy or claim arising out of or related to these Terms of Use, the subject matter of these Terms of Use, or your use of the Services.

You and Bestofcustom agree that any Dispute is personal to us, and that any such Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither you nor Bestofcustom agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither you nor Bestofcustom agrees that a dispute can be brought as a class representative action whether inside or outside of arbitration, or on behalf of any other person or persons.

These Terms of Use affect interstate commerce and you and Bestofcustom agree that the terms of this “Resolution of Disputes” provision will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. § 1-9, (“FAA”) to the maximum extent permitted by applicable law. Moreover, this “Resolution of Disputes” provision shall survive any termination of these Terms of Use.

The arbitration of any Dispute will be administered by the American Arbitration Association (“AAA”). In the event that the AAA declines or is unable to administer the arbitration, you and Bestofcustom agree to use an arbitration forum or arbitrator that you and Bestofcustom mutually agree upon. If, after making a reasonable effort, you and Bestofcustom are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be started and conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) as modified by these Terms of Use. The AAA Rules, and other information about the AAA and arbitration, are readily available at http://www.adr.org , by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. You and Bestofcustom agree that the AAA Rules shall be subject to the provisions of these Terms of Use, changes in procedures that the AAA may make from time to time in its AAA Rules or successor rules, and the following modifications:

As limited by the FAA and the provisions of these Terms of Use, the arbitrator will have the exclusive power and jurisdiction to (a) make all procedural and substantive decisions concerning the Dispute, including the power to determine the question of arbitrability; and (b) grant all rights and remedies that would have been available to you or Bestofcustom in a court of law, including the power to permit discovery as would have been available in a court of law; provided, however, that the arbitrator shall not have the power to conduct a class arbitration or representative action, which is prohibited by these Terms of Use as stated above;
In making any award, the arbitrator will be subject to the provisions of these Terms of Use, including the “Limitations of Liability” provision above, and will not have jurisdiction to make an award to any party to the arbitration contrary to the Limitations of Liability provision; provided, however, that if the enforceability of any of these restrictions is limited by the applicable substantive law, that restriction will only be enforced to the extent permitted by such law or rules;
To the maximum extent permitted by applicable law, each party shall be responsible for the cost of preparing and presenting its case in arbitration. Bestofcustom will, however, pay the amount of any arbitration costs and fees charged by the arbitrator;
In the case of face-to-face arbitration proceedings, the proceedings shall be conducted at a location that is reasonably convenient to you; and
The arbitrator’s award shall be in writing.
CHOICE OF LAW
With the exception that the enforceability of the “Resolution of Disputes” provision above is governed both procedurally and substantively by the FAA, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Bestofcustom.

INDEMNITY
You agree to indemnify and hold Bestofcustom, including its partners, subsidiaries, and affiliates, and each of their and our directors, officers, managers, agents, contractors, partners, and employees, harmless from any loss, liability, claim, damages, costs, expenses or demand (including reasonable attorneys’ fees) arising out of or in connection with the Terms of Use, the Privacy Policy, or the Services. Your obligation to indemnify includes, but is not limited to, disputes, claims, or lawsuits arising out of or in connection with: (i) your acquisition or use of Member Points, Prizes, or other products or services made available through the Services; (ii) any termination or suspension of your right to use your Member Points or virtual Prizes; (iii) your access to or use of the Services; or (iv) any violation of these Terms of Use.

WAIVER AND SEVERABILITY
No waiver of these Terms of Use by Bestofcustom shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Bestofcustom to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT
These Terms of Use, together with any other agreements incorporated by reference therein, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings, whether electronic, oral, or written, between you and Bestofcustom with respect to the Services.

GENERAL TERMS
Bestofcustom’s performance of these Terms of Use is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Bestofcustom’s right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Bestofcustom with respect to such use.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

CONTACTING US
If you have any questions about these Terms of Use, please use the contact information at www.Bestofcustom.com/contact to contact us. Although Bestofcustom will in most circumstances be able to receive your e-mail or other information provided through the Services (including but not limited to account registrations, orders, and other submissions), Bestofcustom does not guarantee that it will receive all such information timely and accurately, and is shall not be obligated to read, act on, or respond to any such e-mail or other information.