Terms of service

TERMS OF SERVICE

Last Updated: August 14, 2026

OVERVIEW

Welcome to ELITE WORKWEAR.

These Terms of Service (“Terms”) govern your access to and use of the ELITE WORKWEAR website, online store, products, content, features, accounts, tools, and related services (collectively, the “Services”).

The Services are operated by RGV Premium Sales LLC, doing business as ELITE WORKWEAR (“ELITE WORKWEAR,” “Company,” “we,” “us,” or “our”).

ELITE WORKWEAR is powered by Shopify, which enables us to provide the Services to you.

By accessing, browsing, interacting with, creating an account on, placing an order through, or otherwise using the Services, you agree to be bound by these Terms and by all policies expressly incorporated by reference.

These Terms should be read together with our:

  • Privacy Policy;

  • Return & Refund Policy;

  • Shipping Policy;

  • Cancellation Policy;

  • Lost, Stolen or Missing Packages Policy; and

  • Any additional written terms expressly applicable to a particular product, promotion, wholesale account, commercial account, or transaction.

Please read these Terms carefully. They contain important provisions concerning order acceptance, fraud prevention, payment disputes, product safety, limitations of liability, and the location where legal proceedings may be brought.

If you do not agree to these Terms, you should not access or use the Services or place an order.

Nothing in these Terms is intended to waive, eliminate, or restrict any right or remedy that cannot lawfully be waived under applicable law.

SECTION 1 — ELIGIBILITY, ACCESS AND ACCOUNTS

By using the Services, you represent that you have reached the age of majority in your state or jurisdiction of residence or otherwise have legal authority to enter into a binding transaction.

If applicable law permits a parent or legal guardian to authorize a minor's use of the Services, the parent or guardian is responsible for such authorized use.

When accessing the Services or placing an order, you may be required to provide information including your name, email address, telephone number, billing address, shipping address, payment information, tax information, or other transaction-related information.

You represent and warrant that all information you provide is accurate, current, complete, and authorized for your use.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account.

You may not sell, transfer, assign, license, or provide unauthorized access to your customer account.

If you believe your account or payment information has been accessed or used without authorization, you should contact ELITE WORKWEAR promptly.

We may restrict, suspend, or terminate accounts where reasonably necessary because of suspected fraud, unauthorized access, misuse of the Services, violation of these Terms, security concerns, unlawful conduct, abusive behavior, or other legitimate business reasons.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

ELITE WORKWEAR makes reasonable efforts to accurately display and describe products offered through the Services.

However, product photographs, colors, finishes, materials, dimensions, packaging, appearance, and other visual characteristics may vary because of:

  • Screen or device settings;

  • Photography and lighting;

  • Manufacturing tolerances;

  • Production changes;

  • Batch variations;

  • Supplier updates; or

  • Other circumstances that do not materially alter the intended product.

Customers are responsible for reviewing all available product descriptions, specifications, sizing information, warnings, certifications, ratings, and intended-use information before purchasing or using a product.

Descriptions, specifications, packaging, colors, materials, features, product availability, and other product information may be updated from time to time.

We reserve the right to discontinue products, modify product offerings, or limit quantities as permitted by applicable law.

A statement, specification, certification, rating, feature, or characteristic applicable to one product, model, style, SKU, size, or version should not be assumed to apply to another unless expressly stated.

SECTION 3 — SAFETY, WORKWEAR AND OCCUPATIONAL PRODUCTS

ELITE WORKWEAR sells products that may be used in construction, welding, manufacturing, industrial, occupational, commercial, and other work environments.

Certain products may be designed or marketed for safety-related applications.

The suitability of a particular product depends on factors including:

  • The specific task being performed;

  • Workplace hazards;

  • Employer requirements;

  • Applicable regulations;

  • Product condition;

  • Proper fit;

  • Maintenance;

  • Training;

  • Intended use; and

  • The manner in which the product is used.

Customers, employers, and users are responsible for determining whether a product is appropriate for their specific environment, application, hazards, and applicable workplace requirements.

Products should be used in accordance with all applicable:

  • Product instructions;

  • Warnings;

  • Labels;

  • Manufacturer guidance;

  • Employer rules;

  • Workplace safety programs; and

  • Governmental or regulatory requirements.

Products should be inspected before use.

A product should not be used if it is damaged, materially altered, improperly fitted, excessively worn, expired where applicable, or otherwise unsuitable for its intended purpose.

Information provided through the ELITE WORKWEAR website is intended to describe products and facilitate purchasing decisions. It does not constitute engineering, industrial hygiene, medical, legal, occupational-safety, or other professional advice.

Website information should not replace a workplace hazard assessment, employer-required safety program, competent-person determination, professional recommendation, training requirement, or applicable governmental requirement.

SECTION 4 — CERTIFICATIONS, RATINGS AND SAFETY STANDARDS

Any statement that a product meets, complies with, has been tested under, or carries a particular certification, classification, rating, or standard applies only to the specific product for which that statement is expressly provided.

References may include, where applicable, standards or classifications such as ANSI, ASTM, NFPA, arc ratings, flame-resistant classifications, or other occupational or industry standards.

The presence of a certification or rating on one ELITE WORKWEAR product does not mean that all ELITE WORKWEAR products carry the same certification or rating.

Customers should review the specific product listing, labeling, packaging, manufacturer documentation, certification information, and applicable technical specifications before relying upon a product for a safety-critical or regulated application.

A product's appearance, branding, style, or similarity to another product does not establish that the products have identical ratings, certifications, protective characteristics, or intended uses.

Customers and employers remain responsible for confirming that equipment selected for a particular job satisfies the requirements applicable to that job, workplace, employer, hazard, and jurisdiction.

SECTION 5 — PRODUCT AVAILABILITY

Product availability is not guaranteed.

Inventory displayed through the Services may occasionally differ from actual available inventory because of simultaneous transactions, inventory reconciliation, technical issues, damaged inventory, supplier changes, fulfillment issues, or other circumstances.

Placing an item in a shopping cart does not reserve that item.

We may limit quantities available for purchase or cancel an item that becomes unavailable.

If an unavailable item has been paid for and we cancel that item, the applicable amount will be refunded to the original payment method unless another lawful arrangement is agreed upon.

SECTION 6 — ORDERS AND ORDER ACCEPTANCE

Submitting an order constitutes an offer to purchase the products identified in that order.

Receipt of an order number, automated confirmation, payment authorization, email confirmation, or other electronic acknowledgment does not necessarily constitute final acceptance of the order.

ELITE WORKWEAR may accept, decline, limit, hold, modify with customer approval where required, or cancel an order for legitimate business or legal reasons, including:

  • Suspected fraud;

  • Suspected unauthorized use of a payment method;

  • Payment authorization issues;

  • Billing information that cannot reasonably be verified;

  • Shipping information that cannot reasonably be verified;

  • Inventory discrepancies;

  • Product unavailability;

  • Obvious pricing errors;

  • Technical or system errors;

  • Incorrect product information;

  • Suspected promotional abuse;

  • Shipping restrictions;

  • Regulatory restrictions;

  • Export or import restrictions;

  • Suspected misrepresentation;

  • Suspected unauthorized commercial activity;

  • Unusually high-risk transactions; or

  • Other circumstances reasonably necessary to protect ELITE WORKWEAR, our customers, our payment providers, or our business.

If we cancel a paid order and no amount is otherwise legitimately owed, the applicable amount will be returned to the original payment method.

The timing of a refund after issuance may depend on the customer's bank, card issuer, financial institution, or payment provider.

Customers are responsible for carefully reviewing their order before submission.

SECTION 7 — ORDER VERIFICATION AND FRAUD PREVENTION

ELITE WORKWEAR may use fraud-prevention and transaction-security measures including:

  • Address verification;

  • Payment verification;

  • Risk-scoring tools;

  • Fraud-detection systems;

  • Device or transaction information;

  • Order history;

  • Account activity; and

  • Other lawful security measures.

An order identified as potentially high-risk may be temporarily held while verification is completed.

We may request reasonable information necessary to verify:

  • Purchaser identity;

  • Authorization to use a payment method;

  • Billing information;

  • Shipping information;

  • Contact information;

  • Business identity for commercial orders; or

  • Other information reasonably related to confirming the legitimacy of the transaction.

Failure or refusal to provide reasonably requested verification may result in delayed fulfillment or cancellation of the order.

We are not required to disclose confidential fraud-detection criteria, internal risk scores, security procedures, investigative techniques, or information that could compromise our fraud-prevention systems.

ELITE WORKWEAR may refuse future transactions associated with activity reasonably connected to confirmed or suspected fraud, unauthorized payment activity, abusive transaction behavior, or repeated material violations of our policies, subject to applicable law.

SECTION 8 — PRICES, BILLING AND PAYMENT

Unless otherwise indicated, prices are stated in U.S. dollars.

Prices, discounts, promotions, and product availability may change before an order is accepted.

The price charged for an accepted order will generally be the price shown at the time the order was submitted, subject to correction of obvious or material errors where permitted by law.

Unless expressly stated otherwise, displayed prices may not include:

  • Shipping;

  • Handling;

  • Sales tax;

  • Customs charges;

  • Import duties;

  • Brokerage fees; or

  • Other governmental charges.

You agree to provide current, complete, and accurate payment and billing information.

By submitting a payment method, you represent that you are authorized to use that payment method and authorize charges associated with the transaction.

SECTION 9 — PRICING, INVENTORY AND LISTING ERRORS

Our website may occasionally contain:

  • Typographical errors;

  • Incorrect prices;

  • Incorrect discounts;

  • Incorrect product descriptions;

  • Inventory inaccuracies;

  • Incorrect shipping charges;

  • Incorrect transit estimates;

  • Duplicate discounts;

  • Technical errors; or

  • Other inaccuracies.

We reserve the right to correct such errors and update information as permitted by applicable law.

If an obvious or material error affects an order, we may contact the customer, correct the affected information where legally permissible, or cancel the affected item or order.

If a paid order is canceled because of such an error, amounts collected for the canceled product will be refunded as required by applicable law.

SECTION 10 — PROMOTIONS, DISCOUNTS AND COUPONS

Promotional offers, coupons, promotional codes, rewards, special pricing, gifts, and other offers may be subject to additional terms.

Unless expressly stated otherwise:

  • Discounts may not be combined;

  • Discounts have no cash value;

  • Discounts may not be applied retroactively;

  • Certain products or collections may be excluded;

  • Minimum-purchase requirements may apply;

  • Customer eligibility requirements may apply;

  • Geographic limitations may apply; and

  • Offers may have expiration dates.

Fraudulent, automated, duplicated, manipulated, unauthorized, or abusive use of promotional offers may result in cancellation of the discount or affected order, subject to applicable law.

SECTION 11 — SALES TAX, RESALE AND TAX-EXEMPT PURCHASES

Customers are responsible for providing valid and accurate tax-exemption or resale documentation when requesting tax-exempt treatment.

ELITE WORKWEAR may refuse or revoke tax-exempt treatment where appropriate documentation is missing, expired, invalid, inaccurate, or inconsistent with applicable requirements.

Wholesale or reseller customers remain responsible for their own:

  • Tax reporting;

  • Resale obligations;

  • Sales-tax collection obligations;

  • Tax permits;

  • Exemption certificates; and

  • Other applicable governmental requirements.

SECTION 12 — PAYMENT DISPUTES AND CHARGEBACKS

If you believe there is a problem with an order or transaction, we encourage you to contact ELITE WORKWEAR promptly so that we have an opportunity to investigate and, where appropriate, resolve the issue.

Nothing in this section prevents a customer from exercising a lawful right to dispute a transaction.

If a chargeback, payment dispute, retrieval request, fraud claim, unauthorized-transaction claim, or similar investigation is opened, ELITE WORKWEAR may respond to the applicable payment processor, card network, bank, financial institution, marketplace, shipping carrier, insurer, law-enforcement authority where appropriate, or other authorized entity.

We may provide information reasonably relevant to the dispute, including:

  • Order records;

  • Transaction information;

  • Billing information;

  • Shipping information;

  • Customer communications;

  • Fraud-screening results;

  • Verification records;

  • Tracking information;

  • Carrier records;

  • Delivery confirmation;

  • Signature records;

  • Package weights;

  • Inventory records;

  • Fulfillment records;

  • Packing records;

  • Return or refund records;

  • Photographs;

  • Video records lawfully collected and retained;

  • Account history; and

  • Other reasonably relevant documentation.

The filing of a payment dispute does not itself establish fraud or wrongdoing.

Knowingly submitting materially false information or falsely claiming that an authorized transaction was unauthorized may result, where lawful, in:

  • Account restrictions;

  • Refusal of future orders;

  • Preservation of relevant evidence;

  • Submission of evidence to the payment processor or financial institution; or

  • Other lawful action.

SECTION 13 — SHIPPING AND DELIVERY

Shipping dates and delivery estimates are estimates unless expressly guaranteed in writing.

Delivery may be affected by circumstances outside our reasonable control, including:

  • Carrier delays;

  • Weather;

  • Natural events;

  • Holidays;

  • Customs processing;

  • Transportation disruptions;

  • Incorrect addresses;

  • Remote locations;

  • Government actions; or

  • Other logistical circumstances.

Customers are responsible for providing a complete and accurate shipping address.

To the extent permitted by law, ELITE WORKWEAR is not responsible for losses or additional shipping expenses caused by an incorrect or incomplete address supplied by the customer.

If a package is returned because of an incorrect, incomplete, refused, undeliverable, or otherwise problematic address, additional shipping charges may apply before reshipment.

Once an order ships, tracking information may be provided.

Risk of loss will be determined in accordance with applicable law and the applicable shipping arrangement.

Nothing in these Terms eliminates a shipping or consumer obligation that cannot legally be waived.

Orders are additionally governed by our Shipping Policy.

SECTION 14 — INTERNATIONAL SHIPPING

Where international shipping is offered, customers are responsible for determining whether products may legally be imported, possessed, resold, or used in the destination country.

International shipments may be subject to:

  • Customs duties;

  • Import taxes;

  • Brokerage fees;

  • Governmental charges;

  • Customs inspections;

  • Import restrictions; and

  • Delivery delays.

Unless expressly stated otherwise, such charges are the customer's responsibility.

We may decline or cancel an international order if fulfillment would create a legal, regulatory, carrier, or payment risk.

SECTION 15 — LOST, STOLEN OR MISSING PACKAGES

Delivery-related claims are additionally governed by our Lost, Stolen or Missing Packages Policy.

If tracking indicates that a package may have been lost while in transit, customers should contact ELITE WORKWEAR so the shipment can be reviewed and, where appropriate, a carrier investigation or claim may be initiated.

If tracking indicates that a package was delivered but the customer cannot locate it, the customer should promptly check:

  • The delivery location;

  • Surrounding areas;

  • Household members;

  • Neighbors;

  • Reception desks;

  • Building management;

  • Mailrooms;

  • Parcel lockers; and

  • Other secure locations where the carrier may have left the shipment.

Where permitted by applicable law, ELITE WORKWEAR is not responsible for theft occurring after a package has been properly delivered to the delivery address provided by the customer.

When reviewing delivery claims, we may consider:

  • Tracking scans;

  • Carrier photographs;

  • GPS information;

  • Signatures;

  • Proof-of-delivery records;

  • Delivery timestamps;

  • Carrier investigations; and

  • Other reasonably relevant evidence.

A carrier's delivery confirmation does not eliminate any consumer right that cannot legally be waived.

SECTION 16 — MISSING, DAMAGED OR INCORRECT ITEMS

Customers should inspect shipments promptly after delivery.

Claims involving missing items, incorrect items, shipping damage, or material fulfillment discrepancies should be reported to ELITE WORKWEAR within 5 calendar days after delivery, unless a longer period is required by law or another applicable written policy.

Customers may be asked to provide reasonable supporting information such as:

  • Order number;

  • Photographs of the shipping box;

  • Photographs of the shipping label;

  • Photographs of products received;

  • Photographs of visible damage;

  • Packaging condition; and

  • A description of the issue.

ELITE WORKWEAR may review reasonably relevant evidence including:

  • Order records;

  • Inventory records;

  • Package weights;

  • Carrier information;

  • Fulfillment records;

  • Packing records;

  • Photographs;

  • Video records lawfully collected and retained; and

  • Other documentation.

Submission of a claim does not automatically guarantee a refund, credit, or replacement.

Claims will be evaluated based upon the circumstances, available evidence, our published policies, and applicable law.

SECTION 17 — RETURNS, REFUNDS AND EXCHANGES

Returns, refunds, and exchanges are governed by our separately posted Return & Refund Policy.

Customers are responsible for reviewing that policy before completing a purchase.

Certain products may be designated, where permitted by law, as:

  • Final sale;

  • Non-returnable;

  • Customized;

  • Personalized;

  • Clearance;

  • Used;

  • Hygienic; or

  • Otherwise subject to special return restrictions.

Any such restriction should be clearly disclosed where applicable.

Returned products that fail to satisfy the requirements of the Return & Refund Policy may be refused or receive an adjusted refund where permitted by applicable law.

Nothing in these Terms limits statutory return or refund rights that cannot legally be waived.

SECTION 18 — ORDER CANCELLATIONS

Cancellation requests are governed by our Cancellation Policy.

Orders may enter fulfillment shortly after submission.

As a result, we do not guarantee that an order can be canceled or modified after it has been submitted.

A cancellation request is not effective until confirmed by ELITE WORKWEAR.

Orders that have already entered fulfillment or shipped may be subject to the Return & Refund Policy rather than the Cancellation Policy.

SECTION 19 — PRODUCT MISUSE, ALTERATION AND MAINTENANCE

Products should be used only for appropriate and intended applications.

To the fullest extent permitted by applicable law, ELITE WORKWEAR is not responsible for losses caused by:

  • Improper use;

  • Use for an unintended purpose;

  • Failure to follow warnings;

  • Failure to follow product instructions;

  • Improper maintenance;

  • Improper storage;

  • Unauthorized alteration;

  • Removal or modification of safety components;

  • Normal wear and tear;

  • Continued use of a damaged product;

  • Continued use of an excessively worn product; or

  • Use outside a product's stated limitations or rating.

This provision does not exclude responsibility that cannot lawfully be excluded.

SECTION 20 — WARRANTIES

Products may be subject to manufacturer warranties, ELITE WORKWEAR written warranties, statutory warranties, or no separate written warranty, depending upon the particular product.

Where a specific written warranty is offered, the terms of that written warranty govern the warranty coverage for that product, subject to applicable law.

A product listing, general marketing statement, or website description should not be interpreted as creating a warranty beyond an express written warranty or warranty created by applicable law.

Nothing in these Terms is intended to disclaim or limit an implied warranty where applicable law prohibits such disclaimer or limitation.

Warranty claims may require:

  • Proof of purchase;

  • Product identification;

  • Photographs;

  • Description of the alleged defect; or

  • Return or inspection of the product

where reasonable and lawful.

Damage caused by misuse, improper maintenance, unauthorized modification, accident, ordinary wear, or use outside the product's intended application may not constitute a covered warranty defect, subject to the applicable warranty and law.

SECTION 21 — WHOLESALE CUSTOMERS AND RESELLERS

ELITE WORKWEAR may sell products to:

  • Individual consumers;

  • Businesses;

  • Retailers;

  • Wholesalers;

  • Contractors;

  • Employers; and

  • Resellers.

Purchasing ELITE WORKWEAR products for resale does not, by itself, authorize a purchaser to represent itself as:

  • An “Authorized ELITE WORKWEAR Dealer”;

  • An “Authorized ELITE WORKWEAR Distributor”;

  • An “Official ELITE WORKWEAR Retailer”;

  • An agent;

  • A representative;

  • A partner;

  • An affiliate; or

  • An employee of ELITE WORKWEAR.

Authorized status exists only when expressly granted by ELITE WORKWEAR.

Wholesale and commercial customers may be subject to separate pricing, minimum order quantities, credit requirements, payment terms, resale terms, tax requirements, territory restrictions, marketplace restrictions, brand guidelines, or written agreements.

Where a separate written wholesale, distributor, reseller, credit, Net-30, or commercial agreement expressly conflicts with these Terms regarding the same issue, the specific written agreement will govern that issue.

SECTION 22 — UNAUTHORIZED BRAND REPRESENTATION

No person or business may falsely state, suggest, imply, or create the impression that it is officially affiliated with, sponsored by, endorsed by, employed by, partnered with, or authorized by ELITE WORKWEAR when such relationship does not exist.

Purchasing or reselling genuine ELITE WORKWEAR merchandise does not automatically grant permission to use ELITE WORKWEAR's branding in a manner suggesting official authorization.

SECTION 23 — INTELLECTUAL PROPERTY

The Services and their content may include intellectual property owned by, licensed to, or lawfully used by ELITE WORKWEAR, including:

  • Trade names;

  • Trademarks;

  • Logos;

  • Slogans;

  • Branding;

  • Text;

  • Graphics;

  • Artwork;

  • Photographs;

  • Product photography;

  • Videos;

  • Website content;

  • Packaging;

  • Product names;

  • Designs;

  • Marketing materials; and

  • Other proprietary content.

Except as expressly authorized, you may not reproduce, republish, distribute, modify, sell, license, commercially exploit, scrape, copy, transmit, or create derivative works from protected ELITE WORKWEAR content.

Purchasing an ELITE WORKWEAR product does not transfer ownership of ELITE WORKWEAR intellectual property.

No person or entity may use our intellectual property in a manner that falsely suggests authorization, affiliation, sponsorship, partnership, or endorsement.

All rights not expressly granted are reserved.

Shopify's names, logos, product names, service names, designs, and slogans are trademarks of Shopify or its licensors.

Other third-party trademarks remain the property of their respective owners.

SECTION 24 — COUNTERFEIT, ALTERED OR UNAUTHORIZED PRODUCTS

ELITE WORKWEAR is not responsible for products represented as ELITE WORKWEAR merchandise that were:

  • Counterfeit;

  • Illegally reproduced;

  • Materially altered by an unauthorized third party;

  • Purchased from an unauthorized source where authenticity cannot reasonably be verified; or

  • Otherwise not genuine ELITE WORKWEAR products.

We reserve the right to request reasonable proof of purchase when investigating authenticity or warranty claims.

SECTION 25 — THIRD-PARTY MARKETPLACES AND SELLERS

ELITE WORKWEAR may sell products through third-party platforms or marketplaces.

Products purchased from an independent third-party seller may also be subject to that seller's applicable terms, return policies, marketplace policies, and transaction rules.

A seller's independent statements or promises are not binding upon ELITE WORKWEAR unless the seller was authorized to make those statements on our behalf.

SECTION 26 — OPTIONAL THIRD-PARTY TOOLS

The Services may provide access to third-party tools or integrations.

Such tools may be operated independently from ELITE WORKWEAR and may be subject to the third party's own terms and policies.

To the extent permitted by applicable law, ELITE WORKWEAR is not responsible for the independent acts or omissions of third-party service providers outside our control.

SECTION 27 — THIRD-PARTY LINKS

The Services may contain links to third-party websites, services, platforms, payment providers, carriers, or other resources.

ELITE WORKWEAR does not control all third-party services and is not responsible for their independent content, policies, security, availability, practices, or actions.

Customers should review applicable third-party policies before using those services.

SECTION 28 — RELATIONSHIP WITH SHOPIFY

ELITE WORKWEAR 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 ELITE WORKWEAR.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ELITE WORKWEAR, 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 ELITE WORKWEAR.

SECTION 29 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are powered by Shopify, certain information may also be collected, transmitted, stored, or otherwise processed by Shopify and other service providers used to operate the store.

Customers should review the applicable Privacy Policy for additional information concerning collection, use, disclosure, retention, and processing of personal information.

Nothing in these Terms limits a privacy right that cannot lawfully be waived.

SECTION 30 — FEEDBACK, REVIEWS AND USER CONTENT

If you submit reviews, photographs, videos, ideas, suggestions, comments, testimonials, feedback, or other content (“Feedback”), you represent that you have the right to submit such content.

To the extent permitted by applicable law, you grant ELITE WORKWEAR a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, adapt, publish, display, distribute, and promote submitted Feedback for legitimate business and promotional purposes.

You may not submit content that:

  • Infringes intellectual-property rights;

  • Violates privacy or publicity rights;

  • Is knowingly false or materially misleading;

  • Contains unlawful threats or harassment;

  • Contains malicious software; or

  • Otherwise violates applicable law.

You remain responsible for content you submit.

SECTION 31 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services:

  • To commit or facilitate fraud;

  • For unlawful or malicious purposes;

  • To impersonate another person or business;

  • To submit knowingly false or misleading information;

  • To infringe intellectual-property rights;

  • To interfere with website security;

  • To introduce malware or malicious code;

  • To obtain unauthorized access;

  • To unlawfully collect personal information;

  • To send spam or phishing communications;

  • To circumvent authentication or security measures;

  • To circumvent CAPTCHAs or access restrictions;

  • To scrape protected content without authorization;

  • To commercially reproduce protected content without authorization; or

  • To materially interfere with another person's use of the Services.

We may suspend or terminate access where we reasonably determine that these Terms have been materially violated.

SECTION 32 — AUTOMATED SYSTEMS AND AGENTS

This section applies to software or services that take autonomous or semi-autonomous action on behalf of a person or entity (“Agents”).

Agents accessing the Services must comply with applicable technical access restrictions and may not:

  • Intentionally conceal automated access where identification is required;

  • Circumvent security measures;

  • Circumvent CAPTCHAs;

  • Evade access restrictions;

  • Misrepresent automated activity when specifically asked;

  • Scrape protected content without authorization; or

  • Continue accessing the Services after access has been expressly prohibited or technically blocked.

ELITE WORKWEAR may use technical measures to limit automated access.

SECTION 33 — ELECTRONIC COMMUNICATIONS

By using the Services, you acknowledge that transactions and communications may occur electronically.

Where permitted by applicable law, we may provide electronically:

  • Order confirmations;

  • Shipping notifications;

  • Account notices;

  • Policy notices;

  • Transaction records;

  • Refund notices; and

  • Other communications relating to the Services.

Marketing communications remain subject to applicable consent and opt-out requirements.

SECTION 34 — SUSPENSION OR TERMINATION OF ACCESS

ELITE WORKWEAR may suspend, limit, or terminate access to some or all of the Services for legitimate reasons, including:

  • Fraud;

  • Suspected fraud;

  • Security threats;

  • Unauthorized access;

  • Material violation of these Terms;

  • Unlawful conduct;

  • Abuse of our systems; or

  • Repeated misuse of our policies.

Termination does not eliminate obligations incurred before termination.

Sections that by their nature should survive termination will continue to apply to the extent legally enforceable.

SECTION 35 — DISCLAIMER OF WARRANTIES

Except for any express written warranty specifically provided with respect to a product, and to the fullest extent permitted by applicable law, the Services are provided on an “AS IS” and “AS AVAILABLE” basis.

We do not guarantee that the website or Services will always be:

  • Uninterrupted;

  • Error-free;

  • Secure; or

  • Available.

To the fullest extent permitted by law, warranties not expressly provided are disclaimed.

However, no warranty disclaimer in these Terms applies where such disclaimer is prohibited by applicable federal, state, or other mandatory law.

If ELITE WORKWEAR or a manufacturer provides a written product warranty, that written warranty will be governed by its terms and applicable law.

SECTION 36 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RGV PREMIUM SALES LLC, ELITE WORKWEAR, AND THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, TRANSACTIONS, OR PRODUCTS.

THIS MAY INCLUDE, WHERE LEGALLY PERMITTED:

  • LOST PROFITS;

  • LOST REVENUE;

  • LOST DATA;

  • BUSINESS INTERRUPTION;

  • LOSS OF BUSINESS OPPORTUNITY; OR

  • OTHER INDIRECT ECONOMIC LOSS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELITE WORKWEAR IS NOT RESPONSIBLE FOR LOSS OR DAMAGE RESULTING FROM:

  • PRODUCT MISUSE;

  • UNAUTHORIZED PRODUCT MODIFICATION;

  • FAILURE TO FOLLOW WARNINGS OR INSTRUCTIONS;

  • USE OF A DAMAGED OR WORN PRODUCT; OR

  • USE OF A PRODUCT OUTSIDE ITS EXPRESSLY STATED APPLICATION, LIMITATIONS, CERTIFICATION, OR RATING.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR ANY MATTER THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Because certain jurisdictions restrict limitations or exclusions of liability, some portions of this section may not apply to every transaction or customer.

SECTION 37 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless RGV Premium Sales LLC, ELITE WORKWEAR, and their members, managers, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable costs arising from:

  1. Your material breach of these Terms;

  2. Your unlawful use of the Services;

  3. Your violation of applicable law;

  4. Your infringement of another person's rights;

  5. Your unauthorized commercial use of ELITE WORKWEAR content or branding; or

  6. Your fraudulent or unlawful conduct involving the Services.

This section applies only to the extent permitted by applicable law.

SECTION 38 — EVENTS OUTSIDE OUR REASONABLE CONTROL

To the extent permitted by applicable law, ELITE WORKWEAR will not be responsible for delay or failure caused by circumstances outside our reasonable control.

Such circumstances may include:

  • Severe weather;

  • Natural disasters;

  • Fire;

  • Flood;

  • Carrier interruption;

  • Transportation interruption;

  • Labor disruption;

  • War;

  • Civil disturbance;

  • Government action;

  • Widespread telecommunications outage;

  • Utility failure;

  • Major technology failure; or

  • Other comparable events.

We will make commercially reasonable efforts to resume affected operations when reasonably practicable.

SECTION 39 — INFORMAL DISPUTE RESOLUTION

Before filing a lawsuit or other judicial proceeding arising out of or relating to the Services, an order, purchase, product, shipment, payment, refund, or transaction with ELITE WORKWEAR, the parties are encouraged, and where legally permissible agree, to first make a good-faith effort to resolve the dispute directly.

A customer seeking to raise a dispute should contact ELITE WORKWEAR and provide sufficient information for us to identify and investigate the matter, including, where applicable:

  • Customer name;

  • Order number;

  • Contact information;

  • Description of the dispute;

  • Relevant supporting documentation; and

  • The resolution requested.

ELITE WORKWEAR may review the matter and communicate with the customer in an effort to reach a voluntary resolution.

Nothing in this section requires a party to delay filing an action when doing so would cause the expiration of an applicable statute of limitations, prevent a request for emergency or injunctive relief, or otherwise impair a right that cannot lawfully be restricted.

Nothing in this section requires arbitration.

SECTION 40 — GOVERNING LAW

These Terms, the Services, and any order, purchase, payment, shipment, refund, transaction, or other relationship between you and RGV Premium Sales LLC, doing business as ELITE WORKWEAR, shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal law, without regard to conflict-of-law principles, except to the extent that mandatory applicable law requires otherwise.

The parties intend Texas law to govern their contractual relationship to the fullest extent permitted by applicable law.

Nothing in this section is intended to deprive a consumer of any statutory protection or other right that applicable law does not permit the consumer to waive.

SECTION 41 — EXCLUSIVE FORUM, JURISDICTION AND VENUE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LAWSUIT, CLAIM, ACTION, OR JUDICIAL PROCEEDING ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE SERVICES, YOUR USE OF THE WEBSITE, AN ACCOUNT, AN ORDER, A PURCHASE, A PAYMENT, A REFUND, A RETURN, A CANCELLATION, A PRODUCT, PRODUCT USE, A SHIPMENT, DELIVERY, A WARRANTY CLAIM, A COMMERCIAL RELATIONSHIP, OR ANY OTHER TRANSACTION OR RELATIONSHIP WITH RGV PREMIUM SALES LLC OR ELITE WORKWEAR SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURTS LOCATED IN THE TEXAS COUNTY IN WHICH RGV PREMIUM SALES LLC MAINTAINS ITS PRINCIPAL PLACE OF BUSINESS OR, WHERE FEDERAL SUBJECT-MATTER JURISDICTION EXISTS, IN THE UNITED STATES FEDERAL COURT SERVING THAT TEXAS COUNTY.

By accessing or using the Services or completing a purchase from ELITE WORKWEAR, you consent, to the fullest extent permitted by applicable law, to:

  1. The exclusive jurisdiction of those Texas courts;

  2. Venue in those Texas courts; and

  3. Personal jurisdiction in the State of Texas for disputes covered by this section.

To the fullest extent permitted by applicable law, each party agrees not to bring a covered action in another state, territory, country, or judicial forum when the dispute may lawfully be required to proceed in the Texas courts designated above.

To the fullest extent permitted by applicable law, each party waives an objection to the designated Texas forum based solely upon inconvenience of the forum.

This forum-selection provision is intended to apply broadly to contractual and non-contractual claims arising out of or relating to the relationship between the parties, including claims concerning products, orders, transactions, payments, shipments, returns, website use, and these Terms, except where applicable law does not permit such a forum-selection requirement.

Nothing in this section shall:

  • Waive or eliminate a consumer right that cannot legally be waived;

  • Override a mandatory venue requirement imposed by applicable law;

  • Prevent a court with proper authority from determining whether this provision is enforceable in a particular proceeding;

  • Prevent legally available emergency or injunctive relief; or

  • Eliminate any substantive consumer protection required by applicable law.

If a portion of this section is determined to be unenforceable, the remainder shall continue to apply to the fullest extent permitted by law.

SECTION 42 — NO WAIVER OF MANDATORY CONSUMER RIGHTS

Nothing in these Terms or in any ELITE WORKWEAR policy is intended to waive, disclaim, restrict, or eliminate any right, remedy, protection, or warranty that applicable law does not permit to be waived.

This includes, as applicable, rights arising under mandatory federal or state consumer-protection laws.

If any provision of these Terms conflicts with a mandatory legal requirement, the mandatory legal requirement shall control only to the extent necessary to resolve that conflict.

All remaining provisions of these Terms shall continue in full force and effect to the maximum extent permitted by applicable law.

The inclusion of this section shall not be interpreted as expanding any right, remedy, warranty, or liability beyond what is otherwise required by applicable law.

SECTION 43 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will remain in effect.

SECTION 44 — NO WAIVER BY ELITE WORKWEAR

Failure by ELITE WORKWEAR to exercise or enforce a right or provision on one occasion does not constitute a waiver of that right or provision.

A waiver is effective only to the extent expressly provided.

SECTION 45 — ENTIRE AGREEMENT

These Terms, together with policies and agreements expressly incorporated by reference, constitute the agreement governing your use of the Services, except where a separate written agreement applies.

If a separate written agreement between ELITE WORKWEAR and a customer expressly conflicts with these Terms concerning the same subject matter, the specific written agreement will govern that matter.

SECTION 46 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without prior written consent from ELITE WORKWEAR where such restriction is permitted by law.

ELITE WORKWEAR may assign its rights and obligations in connection with a lawful:

  • Merger;

  • Acquisition;

  • Sale of assets;

  • Corporate reorganization;

  • Financing;

  • Business transfer; or

  • Similar transaction.

SECTION 47 — NO THIRD-PARTY BENEFICIARIES

Except where expressly stated otherwise, these Terms are intended for the benefit of the parties to the applicable transaction and are not intended to create enforceable contractual rights in unrelated third parties.

This section does not alter rights expressly granted to Shopify or another third party under a provision that specifically identifies that party.

SECTION 48 — HEADINGS

Section headings are provided for convenience and organization only.

They do not limit or modify the meaning of the provisions contained in these Terms.

SECTION 49 — CHANGES TO THESE TERMS

ELITE WORKWEAR may update or modify these Terms from time to time.

The current version will be posted on our website with the applicable “Last Updated” date.

Material changes will be communicated where required by applicable law.

Unless applicable law requires otherwise, updated Terms apply prospectively from their effective date and do not retroactively eliminate rights or obligations that arose before the update.

Continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

SECTION 50 — INCORPORATED POLICIES

The following ELITE WORKWEAR policies, as applicable and as published on our website, are incorporated into these Terms by reference:

  • Privacy Policy

  • Return & Refund Policy

  • Shipping Policy

  • Cancellation Policy

  • Lost, Stolen or Missing Packages Policy

Additional written terms may apply to:

  • Promotions;

  • Wholesale accounts;

  • Resellers;

  • Credit accounts;

  • Special orders;

  • Custom orders; or

  • Specific products or services.

Where a specific policy expressly governs a particular issue, that specific policy will govern that issue to the extent it does not conflict with mandatory applicable law.

SECTION 51 — CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

RGV Premium Sales LLC
Doing Business As: ELITE WORKWEAR

Email: customerservice@elite-workwear.com

State: Texas, United States

ELITE WORKWEAR
Be Elite. Stay Elite.