Terms of service

TERMS OF SERVICE

Last updated: October 15, 2026

OVERVIEW

Welcome to Position Pending Apparel!

Position Pending Apparel is an online-only apparel retailer and a DBA of Cast and Column LLC. The terms “we,” “us,” and “our” refer to Position Pending Apparel and Cast and Column LLC, as applicable.

Position Pending Apparel operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). Position Pending Apparel is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (collectively, these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any products or services we offer, you may be asked to provide information such as your email address and billing, payment, and shipping information.

You represent and warrant that all information you provide through our store is correct, current, and complete and that you have all rights necessary to provide that information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services in our online store. However, colors, designs, and product appearance may differ from how they appear on your screen because of your device, display settings, or configuration.

We do not warrant that the appearance or quality of any product or service purchased by you will meet your expectations or appear exactly as depicted or rendered in our online store.

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

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Position Pending Apparel reserves the right to accept or decline an order for any lawful reason at its discretion.

Your order is not accepted until Position Pending Apparel confirms its acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because products are made or prepared for fulfillment after an order is placed, Position Pending Apparel may be unable to accommodate cancellation or modification requests after production or fulfillment has begun.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

Purchases are eligible for returns, exchanges, or refunds only in accordance with our Returns and Exchanges Policy:

https://positionpending.com/pages/returns-exchanges

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

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be stated in your order confirmation.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping charges, or handling charges.

Position Pending Apparel operates exclusively online and does not maintain a physical retail storefront. Prices listed on our online store may differ from prices offered through third-party marketplaces or retailers, where applicable.

We may occasionally offer promotions through the Services that affect pricing and are governed by terms separate from these Terms. If promotional terms conflict with these Terms, the promotional terms will govern with respect to that promotion.

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

You represent and warrant that:

1. The payment information you provide is true, correct, and complete.
2. You are authorized to use the payment method provided.
3. Charges incurred by you will be honored by your payment provider.
4. You will pay all charges incurred at the posted prices, including applicable shipping, handling, and tax charges.

SECTION 5 – SHIPPING AND DELIVERY

Position Pending Apparel is an online-only retailer. We do not operate a physical retail storefront or offer walk-in shopping or local pickup. We currently ship to addresses within the United States.

Our products are made or prepared for fulfillment after an order is placed. Orders are typically processed and shipped within 2–4 business days. Business days do not include weekends or federal holidays.

Because each order enters production after purchase, processing may occasionally take slightly longer during periods of high order volume, holidays, product availability constraints, or other production needs. If a significant delay affects your order, we will contact you using the email address provided at checkout.

Free standard shipping is offered on qualifying orders over $49. For orders under $49, available shipping methods, charges, and estimated delivery times are displayed at checkout before payment.

Delivery estimates begin after an order has shipped. Processing and delivery dates are estimates and cannot be guaranteed.

Once your order ships, tracking information will be sent to the email address provided at checkout. Carrier tracking information may take some time to update after a shipping label is created.

Customers are responsible for providing a complete and accurate shipping address. If you need to request an address correction, contact us at positionpending@gmail.com as soon as possible. We cannot guarantee that an address can be changed after production or fulfillment has begun.

Delivery may be affected by carrier delays, severe weather, service interruptions, or other circumstances outside our reasonable control.

If your package appears to be lost, arrives damaged, or is marked as delivered but cannot be located, contact us at positionpending@gmail.com. We will help review the available tracking information and determine the appropriate next steps.

For complete information, please review our Shipping Policy:

https://positionpending.com/policies/shipping-policy

SECTION 6 – INTELLECTUAL PROPERTY

Our Services—including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of those materials—are owned by Position Pending Apparel, its affiliates, or its licensors and are protected by United States and foreign patent, copyright, trademark, and other intellectual-property laws.

These Terms permit you to use the Services for personal, noncommercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing in these Terms grants or shall be interpreted as granting a license or other right to you under any patent, trademark, copyright, or other intellectual property belonging to Position Pending Apparel, Shopify, or a third party.

Unauthorized use of the Services may violate federal or state intellectual-property laws. All rights not expressly granted in these Terms are reserved by Position Pending Apparel.

The Position Pending Apparel name, logo, product and service names, designs, and slogans are trademarks of Position Pending Apparel or its affiliates or licensors. You must not use these marks without prior written permission from Position Pending Apparel.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor and may have no control over or input into those tools.

You acknowledge and agree that we provide access to third-party tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional third-party tools is entirely at your own risk and discretion. You should review and approve the terms under which the relevant third-party provider offers those tools.

We may offer new features, tools, or resources through the Services in the future. Such features, tools, and resources shall be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

To the fullest extent permitted by law, we are not liable for harm or damages related to your access to a third-party website or your purchase or use of products, services, resources, or content offered through a third-party website.

Please carefully review the policies and practices of third parties before engaging in a transaction with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Position Pending Apparel is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are made directly with Position Pending Apparel, a DBA of Cast and Column LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Position Pending Apparel, including any injury, damage, or loss resulting from products or services purchased from us.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Position Pending Apparel.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy:

https://positionpending.com/policies/privacy-policy

Certain personal information may also be subject to Shopify’s Consumer Privacy Policy:

https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services to provide and improve the Services.

Information you submit through the Services will be transmitted to and shared with Shopify and other service providers, which may be located in countries other than the country where you reside, to provide services to you.

Please review our Privacy Policy for more information about how Position Pending Apparel, Shopify, and our service providers collect, use, and disclose personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any lawful purpose, including commercial purposes.

We may use these rights to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that:

1. You own or have all necessary rights to the Feedback.
2. You have disclosed any compensation or incentives received in connection with the Feedback.
3. Your Feedback complies with these Terms.

We are under no obligation to:

1. Maintain Feedback in confidence.
2. Pay compensation for Feedback.
3. Respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene, otherwise objectionable, or in violation of another party’s intellectual-property rights or these Terms.

You agree that your Feedback will not violate the rights of a third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, or obscene material or any computer virus or malware that could affect the operation of the Services or a related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy. We assume no responsibility or liability for Feedback posted by you or a third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, processing times, transit times, or product availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel an order if information is inaccurate, including after an order has been submitted.

If we cancel an order after payment has been processed, we will issue an appropriate refund to the original payment method.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

1. For an unlawful or malicious purpose.
2. To violate an international, federal, provincial, state, or local law, regulation, rule, or ordinance.
3. To infringe or violate our intellectual-property rights or the intellectual-property rights of others.
4. To harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person.
5. To transmit false or misleading information.
6. To send, receive, upload, download, use, or reuse material that does not comply with these Terms.
7. To transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
8. To impersonate or attempt to impersonate another person or entity.
9. To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Position Pending Apparel, Shopify, or users of the Services or expose them to liability.

You also agree not to:

1. Upload or transmit viruses, malware, or other malicious code that could affect the functionality or operation of the Services.
2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services.
3. Collect or track the personal information of others.
4. Spam, phish, pharm, scrape, or pretext the Services.
5. Use a robot, spider, scraping or data-extraction tool, automated device or process, artificial-intelligence tool, or automated or manual means to access the Services in violation of these Terms.
6. Interfere with, bypass, or circumvent security or authorization features, robot-exclusion headers, or other measures used to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semiautonomous action on behalf of, or at the instruction of, a person or entity and can operate on behalf of that person or entity without direct supervision.

14.2 An Agent may not access, use, or interact with the Services unless it identifies itself and operates in accordance with Section 14.4. An Agent may not access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may use technical or other measures to limit whether and how an Agent accesses, uses, or interacts with the Services.

14.4 Agents must:

1. Identify that a request originates from an Agent and disclose the Agent’s name through the request’s user-agent string using the format “Agent/[agent name].”
2. Not conceal or obscure that access, use, or interaction originates from an Agent, including by mimicking human behavior or circumventing CAPTCHAs or similar measures.
3. Respond truthfully to questions or prompts intended to determine whether an interaction is coming from a human or computer.
4. Not circumvent or avoid measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate these Terms or your access to all or part of the Services, subject to applicable law, if you violate these Terms or misuse the Services. You will remain responsible for all amounts owed through the effective date of termination.

The provisions concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive will remain effective after termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on information available through the Services is at your own risk.

To the fullest extent permitted by applicable law, we disclaim liability arising from reliance placed on such materials by you, another visitor to the Services, or anyone informed of their contents.

EXCEPT AS EXPRESSLY STATED BY POSITION PENDING APPAREL, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, POSITION PENDING APPAREL, CAST AND COLUMN LLC, AND THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANOTHER THEORY OF LIABILITY, ARISING FROM:

1. YOUR USE OF THE SERVICES.
2. PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES.
3. ERRORS OR OMISSIONS IN CONTENT.
4. LOSS OR DAMAGE ARISING FROM CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Position Pending Apparel, Cast and Column LLC, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or third-party claims, including reasonable attorneys’ fees, arising from:

1. Your breach of these Terms of Service or documents incorporated into them by reference.
2. Your violation of applicable law or the rights of a third party.
3. Your access to or use of the Services.

We will notify you of an indemnifiable claim. A failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced by that failure.

We may control the defense and settlement of a claim at your expense, including the selection of counsel, but we will not settle a claim that requires a nonmonetary obligation from you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 19 – SEVERABILITY

If a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be considered severed from these Terms, and the determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and the policies or operating rules posted by us through the Services constitute the entire agreement and understanding between you and us concerning your use of the Services.

They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to your use of the Services, including prior versions of these Terms.

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

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent. Any unauthorized attempt to do so will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations under them, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with applicable federal law and the laws of the State of Georgia, without regard to conflict-of-law principles.

Subject to applicable law, you and Position Pending Apparel consent to the venue and personal jurisdiction of the state and federal courts located in Georgia for disputes arising from or relating to these Terms or the Services.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

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

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting revised Terms through the Services.

When required by applicable law, we will provide notice of material changes. Changes will become effective on the date stated in the notice or, if no date is stated, when the revised Terms are posted.

Your continued use of or access to the Services following the effective date of revised Terms constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Position Pending Apparel
A DBA of Cast and Column LLC

Email: positionpending@gmail.com
Website: https://positionpending.com

Business mailing address:

Position Pending Apparel
572 Hank Aaron Dr SE, Ste 4100 #164
Atlanta, GA 30312
United States

This address is a commercial mailbox used for business correspondence and official documentation. It is not a physical retail storefront. Position Pending Apparel does not offer walk-in shopping or local pickup.