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TERMS OF USE

Welcome to CottonWork.com, a website owned and operated by CottonWork Ltd. These Terms of Use govern your use of the CottonWork website. By visiting or shopping at the CottonWork website, you agree to be bound by these Terms of Use, as well as the other policies posted on the CottonWork website.

By showing the products on the CottonWork website, CottonWork Ltd. is making an offer only to those who are legally capable of accepting, and do accept, such offer in Hong Kong ("the Offer ") to sell those product(s) on the terms and conditions set out below. If you place an order for products shown on the CottonWork website, your order will be deemed an acceptance in Hong Kong of the Offer pursuant to these Terms of Use.

In these Terms of Use, we refer to CottonWork Ltd. as "CottonWork" and the CottonWork.com website as the "Site".

Intellectual Property Rights

Trademarks

COTTONWORK and COTTONWORK.COM are trademarks, registered trademarks, or service marks of CottonWork or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of CottonWork and its affiliates and its suppliers and licensors used on the Site may not be used without prior written consent of CottonWork or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no CottonWork trademark, service mark or trade dress may be used in connection with any product or service that is not CottonWork's, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits CottonWork.

CottonWork may contain references to and/or images featuring trademarks, service marks or intellectual properties of third parties. Such trademarks, service mark or relevant contents are intellectual properties of their respective owners. CottonWork Ltd is not affiliated to any third party. Former employment record of our employees, contractors or service providers does not imply any affiliation of CottonWork Ltd to any of such organizations.

Copyright

All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CottonWork or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of CottonWork and protected by applicable copyright laws. All software used on the Site is the property of CottonWork or its software suppliers and protected by applicable copyright laws.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES AND REGIONAL INTELLECTUAL PROPERTY RIGHTS

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED COTTONWORK TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS. YOU ACKNOWLEDGE AND AGREE THAT COTTONWORK'S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN HONG KONG AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO YOUR COUNTRY. IN NO EVENT WILL COTTONWORK BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES AND COPYRIGHT AND TRADEMARK LAWS.

By purchasing a product through the Site, customers outside of Hong Kong authorize CottonWork to make arrangements for clearance of customs on their behalf for the products they have ordered.

Payment for Products Purchased Through the Site

Methods of Payment

A variety of payment methods are offered on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT COTTONWORK, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify CottonWork of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If CottonWork does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by CottonWork or its agents.

If you pay by PayPal, the User Agreement for PayPal Service governs your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal member. YOU, AND NOT COTTONWORK, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify CottonWork of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If CottonWork does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by CottonWork or its agents.

Taxes

CottonWork Ltd is incorporated and carries trade out of Hong Kong. Your purchase on this website is a sales transaction made within the Hong Kong jurisdiction. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, import duties, sales, use or value-added taxes. CottonWork will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.

Currencies

All transactions conducted by or with CottonWork, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars.

Payment made by credit card or PayPal in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the User Agreement for PayPal Service for information regarding the determination of exchange rates by them. These exchange rates may include a "spread," or amount payable to PayPal or the credit card issuer, which will result in the actual price paid being higher than the posted US Dollar price.

The Site currently allows users the opportunity to choose a "Reference Currency." The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO COTTONWORK; HOWEVER, COTTONWORK IS NOT A BANK OR A CURRENCY DEALER, AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY COTTONWORK ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

CottonWork does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than US Dollars and such refund was made through the customer's credit card or PayPal, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.

In no event will CottonWork be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

CottonWork Gift Certificates, Coupons

CottonWork provides registered users with the opportunity to purchase CottonWork gift certificates, which may be applied to the purchase of any item on the Site (other than other CottonWork gift certificates). Please click the link to "Gift Certificates" on the left side of our home page for current terms and conditions regarding CottonWork gift certificates.

Product Descriptions and Prices

Fabric Descriptions

Fabric shown on the Site may contain descriptions that are provided directly by the supplier, manufacturer or distributor of such products. CottonWork does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM COTTONWORK THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR COTTONWORK CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

We have made every effort to display the specifications of the fabrics on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor's display of any color will be accurate.

Shirt Measurement Tolerances

CottonWork's custom made products are manufactured to the measurements provided by you. It is possible that shirt measurements might deviate from the actual products:

  • Body measurements
    CottonWork adjusts the measurements based on the fit selected by you (slim, normal or loose fit), CottonWork cannot guarantee precision as you might consider appropriate.

  • Shirt measurements
    CottonWork takes measurements from the original shirt/ measurements provided by you, however, CottonWork cannot guarantee that the seams and the design will be identical to the original shirt.

We generally accept a slight variance from the original measurement. We cannot guarantee that your shirt made to the measurements from our size chart will have a perfect fit. CottonWork highly recommends its customers to measure their personal measurements precisely in accordance with the instruction as set out "Measurement Methods".

Product standardization

Every shirts sold by CottonWork are made to measure therefore there is possibility that the measurements of two shirts may vary slightly, especially if they were ordered at different times. Also, Shirts made from different rolls of fabric may differ slightly in shade due to normal variations in the dyeing process. If any other problems occur, we will do our best to solve them as soon as possible as we value our customers' opinion.

Product Quality

CottonWork adopts an effective quality control system and is committed that every shirts sold have been monitored under the system before it is sealed for shipment. Every shirts sold by CottonWork are made of high quality selected fabrics, please be aware that sometimes there are visible chalk marks on our shirts which will dissolve after the first washing.

Shirt Maintenance

Every shirts sold by CottonWork are made of high quality selected fabrics that carry different nature of textile. Therefore, unless otherwise noted CottonWork recommends its customers to use professional laundry service to wash and maintain the shirts. We continuously strive to further improve the quality of our products and introduce more user-friendly materials and guidance to help customer maintain high quality shirts.

Prices

We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. The prices are subject to change due to circumstances that CottonWork cannot control, such as substantially increased fabric prices, currency exchange rates, shipping costs, import fees or VAT. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of CottonWork, CottonWork may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.

CottonWork will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. CottonWork will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, CottonWork will immediately issue a credit to your credit card in the amount of the charge.

Order Processing, Shipment, Returns, Warranties

Order Acceptance

CottonWork is located in Hong Kong. By displaying products on the CottonWork website, CottonWork is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Hong Kong. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of our offer.

We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

Passage of Title

Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order.

You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.

Returns

CottonWork accepts returns of products damaged in shipping in accordance with the terms and conditions posted from time to time at cottonwork.com

Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.

Product Warranties

CottonWork guarantees free alteration or exchange services within 60 days of your order.

Every shirt sold by CottonWork are made to measure based on selected fabric(s), if the measurements or design of the custom made product ordered does not correspond with the given measurements, CottonWork will accept the request in accordance with the terms of conditions posted from time to time at cottonwork.com. You are responsible for the cost of return shipment. In the event for a product replacement, CottonWork will be responsible for the cost of shipping the replacement product to you.  As our customer, you are responsible for providing accurate measurement information.

Any supplemental warranties offered by CottonWork will be subject to terms and conditions posted on the Site from time to time.

User Privacy; Data Security

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices with respect to usage and handling of user information.

While CottonWork takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL COTTONWORK OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER COTTONWORK WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Cookies and Security

A cookie is a small removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on our website and allow us to enhance and personalize your online browsing and shopping experience.

For example, we use cookies to:

  • Remember the items in your Shopping Cart
  • Control country and language settings
  • Analyze visitor statistics and behavior

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer or Mozilla) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you turn cookies off, you won't have access to many features that make your site experience more efficient and most of our services will not function properly.

Other Issues

Your Account

You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify CottonWork immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your "My Account" information by clicking on the "My Account" link on the Site.

Third-Party Links

The Site may contain links to other websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites. CottonWork does not assume any responsibility or liability for the actions, products, or content of any of these websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.

Age of Users

CottonWork does not intend the Site to be viewed or used by individuals under the age of 18 (""minors") without the supervision of a parent or guardian 18 years of age or older. This agreement is valid until further notice between the customer with minimum age 18 years and the CottonWork.

Communications

You consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

Force Majeure

In case of force majeure the agreement can either be considered as judicially canceled with neither customer nor CottonWork being entitled to any compensation or the delivery time(s) can be extended with the currency of the force majeure. CottonWork considers force majeure as: war, mobilization, terror acts, blockade stagnation of work, transport obstructions, measures of commercial policy, new or amended legislation, strikes, the non-delivery or non due deliveries of the goods by suppliers to CottonWork, natural catastrophes and any circumstances, events and circumstances that are beyond our control.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY COTTONWORK ON AN"AS-IS" AND"AS-AVAILABLE" BASIS. COTTONWORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. COTTONWORK does NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM COTTONWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COTTONWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, COTTONWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER does NOT APPLY TO ANY WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Use of the Site

License and Site Access

CottonWork grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of CottonWork. CottonWork also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of CottonWork so long as the link does not portray CottonWork, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to:

  • bypass any measures used to prevent or restrict access to any portion of the Site;
  • compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
  • copy or download any the account information of any user of the Site for the benefit of any other person or entity;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CottonWork;
  • interfere or attempt to interfere with the proper operation of the Site;
  • modify, download (other than page caching), reproduce, copy, or resell the Site, the content or any portion or derivative thereof;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
  • use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • use CottonWork's name, trademarks, service marks or logos in any meta tags or any other "hidden text";
  • use CottonWork's logo or other proprietary graphic or trademark as part of a link without express written permission.
  • reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Site;

Each of the foregoing is expressly prohibited unless CottonWork's prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by CottonWork.

Termination of Access

You agree that CottonWork may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your "My Account" without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT COTTONWORK WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

Applicable Law and Disputes

Applicable Law

By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, 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 CottonWork or its affiliates.

ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

Disputes

Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of CottonWork or any affiliate or licensor of CottonWork, CottonWork may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by CottonWork of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.

Indemnification

You agree to defend, indemnify and hold harmless CottonWork and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Modification to Terms of Use

CottonWork reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.