TERMS & CONDITIONS

Your use of the Site is subject to the following terms and conditions (hereinafter referred to as the "Terms & Conditions"). If you prefer not to accept any of these Terms & Conditions, please exit the Site immediately. Your continued access to our Site implies that you agree to comply with and be bound by these Terms & Conditions, including the confidentiality rules and, when you make an online purchase, the information concerning your purchase. If House of 5th, Inc. makes a material modification to these Terms and Conditions, including the Privacy Policy, it will notify you by sending an e-mail to the e-mail address associated with your account or by displaying a prominent announcement above the text of these Terms & Conditions or the Privacy Policy, as appropriate, for thirty (30) days. House of 5th, Inc. is not responsible if you do not receive such notification e-mail due to the actions of your ISP or any e-mail filtering service.

COPYRIGHT, REGISTERED TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS

This Site in its entirety as well as all the articles contained on this Site are protected by the laws governing copyright, registered trademarks and/or other intellectual property rights. These articles are either the property of House of 5th, Inc. or its affiliated companies, or are used with the approval of their owners. Such articles include items such as photos, images, illustrations, texts, video clips, audio clips, drawings, logos, registered trademarks, graphics and other materials appearing on this Site, as well as the software used for designing and implementing the Site. All rights are reserved worldwide.

The HOUSE OF 5TH, INC. name and brand, as well as all the other brand names associated with House of 5th, Inc. mentioned on this Site, whether registered or not, are trademarks or international service marks of House of 5th, Inc. The data contained on this Site is presented for information and promotion purposes only. This Site is intended solely for private, personal and non-commercial use. You may download or reproduce information appearing on this Site solely for personal and non-commercial purposes. The downloading or reproduction of any document or software gives you no right, title or interest with respect to such documents or software. With the exception of personal and non-commercial use, you are prohibited from reproducing, publishing, transmitting, disseminating, displaying, erasing, deleting, adding to or modifying in any way whatsoever, creating derivative works from, selling or participating in the sale of any part of this Site, any material contained on this Site or any related software. Any other use of the articles contained on this Site, including their reproduction for purposes other than your personal non-commercial use, modification, dissemination or reproduction, without House of 5th, Inc.'s prior written consent, is strictly forbidden.

SUGGESTIONS AND SUBMISSIONS

You hereby agree that all comments, suggestions, drawings, concepts, photos, testimonials, and all articles or documents (except for the private information concerning you) communicated or entrusted to House of 5th, Inc. through this Site or by any other means (hereinafter referred to as the "Suggestions") shall not be deemed as confidential and shall not be your property. All Suggestions shall automatically become the property of House of 5th, Inc. as soon as they are made. The fact of making a Suggestion shall transfer to House of 5th, Inc. all rights, titles and interests, including the copyrights, linked to the Suggestions. House of 5th, Inc. has no obligation (i) to preserve the confidential nature of any Suggestion; (ii) to compensate financially anyone in exchange for or in connection with a Suggestion; or (iii) to reply to or acknowledge receipt of any Suggestion made to it. You hereby assert and guarantee that none of your Suggestions infringe on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights. By making a Suggestion, you acknowledge that House of 5th, Inc. may (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without any financial compensation being payable to you or any other person. You are and shall remain liable for the content of any Suggestion made by you.

LINKS

This Site may contain links to other Internet sites. House of 5th, Inc. shall not be held liable for the availability or content of such sites or any article contained on or obtained through such sites. Any link to another site or any reference to information, products or services supplied by third parties, in no way imply that House of 5th, Inc. has given its approval concerning those sites or articles. Any question or comment concerning any other site must be sent to that site's operator. No link with the Site is authorized without House of 5th, Inc.'s prior written approval.

PRODUCTS

The House of 5th, Inc. products featured on the Site are representative of House of 5th, Inc.'s collection. However, not all House of 5th, Inc. products are featured on the Site. Not all products featured on the Site are available in the House of 5th, Inc. showrooms. The style drawings, models, and colors of the House of 5th, Inc. products featured on the Site may be modified without prior notice.

DISCLAIMER

The articles appearing on the Site may contain inaccuracies or typographical errors. House of 5th, Inc. shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Site. It is up to you to assess the information and any other content available on or through the Site. The Site and the information and articles appearing on it are liable to be modified at all times, possibly without further notice or advance warning.

NO GUARANTEE

This Site and its contents are provided "as is" and "within the limit of their availability". House of 5th, Inc. shall not be held liable and provides no guarantee of any kind, whether express or implicit, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implicit guarantee as to trade value or suitability for a particular use, and expressly disclaims all liability and all guarantee. House of 5th, Inc. shall bear no liability and cannot guarantee that the information contained on the Site is accurate, complete or up-to-date, that the Site contains no defect or that any such defect shall be corrected. By using this Site, you agree to do so at your own risk and assume full responsibility for any impossibility to use the Site, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the site, and you agree to hold House of 5th, Inc. harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Site. In cases where the applicable law does not permit the exclusion of implicit guarantees, some or possibly all of the disclaimer clauses mentioned above may not apply to you.

LIMITATION OF LIABILITY

House of 5th, Inc. shall under no circumstances be held liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if House of 5th, Inc. was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents on this Site. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some or even all of the limitations mentioned above may not apply to you.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with these Terms & Conditions.

COMPENSATION

You hereby agree to defend, compensate and refrain from holding House of 5th, Inc., its subsidiaries and affiliated companies as well as their representatives, directors, employees and shareholders liable for any lawsuit, damages, losses, costs and expenses, including among other things any reasonable lawyers' fees and legal costs ensuing from or connected to the use of this Site.

APPLICABLE LAW

The laws of the State of Indiana will govern these Terms & Conditions, without giving effect to any principles of conflicts of laws. In connection with any litigation, without limiting our right to bring and action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of Marion, and in the federal courts located in the Indiana.

TERMINATION

This Agreement is effective unless and until terminated by either you or House of 5th, Inc., which termination may occur at any time. If House of 5th, Inc. determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, House of 5th, Inc. may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or House of 5th, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

REGISTERED ADDRESS

House of 5th, Inc.

438 N. Dearborn Street

Indianapolis, IN 46201-3310

SHIPPING AND DELIVERY

For security reasons, House of 5th, Inc. online purchases will require a signature upon delivery. Purchases may not be shipped to P.O. boxes or APO/FPO addresses.

Please allow four to six weeks for your order to be processed and dispatched.

Orders are processed and delivered Monday - Friday (9:00 A.M. to 6:00 P.M. EST) and excludes public holidays.

MULTIPLE DELIVERY

Houseof5th.com may at times fulfill your order from separate stock locations and as such you may receive various items on a single order from different stock locations and thus in different shipments. The delivery invoice inside your package will detail if you are receiving multiple shipments on one order.

INTERNATIONAL ORDERS

At this time House of 5th, Inc. does not have a designated shipping program to ship outside of the United States of America and Canada. Please contact an Agent of 5th at crew@houseof5th.com to request an order to be arranged for international delivery.

PRICING AND PAYMENT OPTIONS

While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or canceling it.

Title to any products you order on this website, and risk of loss or damage to products, passes to you on delivery of the products, provided that we have received payment in full for the products. Prices displayed on the House of 5th, Inc. website are quoted in U.S. dollars. House of 5th, Inc. accepts the following forms of payment for on-line purchases:

Visa | MasterCard | Discover | American Express | PayPal

The transaction will be charged to your credit card at the time your order is submitted.

AVS ERROR MESSAGE WHEN PLACING AN ORDER

If you see an error message referencing Cyber Source AVS, please check your address details carefully and ensure you are using a USA registered credit card with USA billing address.

TRACKING MY ORDER

Orders are processed, shipped and delivered Monday-Friday: excluding public holidays.   You can track your package via the USPS tracking number provided in your confirmation E-mail. Your shipping confirmation E-mail will be transmitted to you shortly after your package has been submitted to the USPS.   If you have questions about the delivery of your purchase, a House of 5th, Inc. sales assistant will be pleased to assist you via e-mail at: crew@houseof5th.com.

REPAIRS

House of 5th, Inc. offers repair service for House of 5th, Inc. products purchased on-line. Products may be brought to any House of 5th, Inc. showroom in the U.S. or mailed to the following address:

HOUSE OF 5TH, INC. HDQ

438 N. Dearborn Street, Indianapolis, IN 46201-3310

Please enclose a detailed repair request, your contact information, and original sales slip. We recommend that you package the item securely and ship the product via insured mail as House of 5th, Inc. will not be responsible for problems with delivery or if damage occurs during shipping. Please allow 2-4 weeks for a repair assessment. Detailed repair information and repair charge estimate will be sent to you once the assessment has been completed.

SALES TAX

House of 5th, Inc. charges state, local and county taxes on on-line transactions, as required by applicable laws.

ABOUT COOKIES

Cookies are pieces of information a web site can send to your computer's browser for record-keeping purposes. We use cookies to ascertain which web pages are visited and how often, to make our web site more user friendly, and to give you a better experience when you return to the website. Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the "help" tab on your browser or read the information that came with your browser software. However, your visit to our website will be significantly enhanced if cookies are not disabled. If you do not disable your cookies, you accept our collection and storage of any of your personal information such cookies contain.

PAYMENT PROCESSING

If you purchase goods from our online boutique in the US, the information required for your purchase will be processed by House of 5th, Inc. and/or its third party payment processor appointed from time to time.