<link href="https://app.termageddon.com/css/policy.css?v=20210506" rel="stylesheet"><article><h2>Terms of Service</h2><p class="tg-last-updated-date">Last updated: Mar 13, 2025 9:33 AM</p><p>Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the henrydavidsen.com website (the "Website") operated by Henry A. Davidsen, a(n) Limited Liability Company formed in Pennsylvania, United States  ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.</p>

<p>By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.</p>

TERM AND TERMINATION
Section 3.01 Term. The initial term of this Agreement commences on the date of
execution of this Agreement and shall continue for a period not to exceed fourteen consecutive
months from the date of execution. This Agreement shall renew automatically at the end of each
term, unless canceled by the Client in writing, providing thirty days’ advanced notice to Henry
Davidsen of termination.
Section 3.02 Henry Davidsen’s Right to Terminate. Henry Davidsen may terminate
this Agreement upon written notice to Client:
(a) if Client fails to pay any amounts into the Henry Davidsen program when
due under this Agreement (“Payment Failure”) and such failure continues for five (5)
days after Client’s receipt of written notice of nonpayment;
(b) if within any twelve (12) month period, two (2) or more Payment Failures
occur;
(c) if Client breaches any material provision of this Agreement and either the
breach cannot be cured or, if the breach can be cured, it is not cured by Client within five
(5) days after the Client’s receipt of written notice of such breach; or
(d) if Client (i) becomes insolvent or is generally unable to pay its debts as
they become due, (ii) files or has filed against it, a petition for voluntary or involuntary
bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding 
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under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or seeks to make
a general assignment for the benefit of its creditors, or (iv) applies for or has appointed a
receiver, trustee, custodian, or similar agent appointed by order of any court of competent
jurisdiction to take charge of or sell any material portion of its property or business.
Section 3.03 Client’s Right to Terminate. The Client may terminate this Agreement
upon written notice to Henry Davidsen:
(a) if Henry Davidsen breaches any material provision of this Agreement or
any Individual Transaction and either the breach cannot be cured or, if the breach can be
cured, it is not cured by Henry Davidsen within thirty (30) days after Henry Davidsen’s
receipt of written notice of such breach;
(b) if Henry Davidsen (i) becomes insolvent or is generally unable to pay its
debts as they become due, (ii) files or has filed against it, a petition for voluntary or
involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any
proceeding under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or
seeks to make a general assignment for the benefit of its creditors, or (iv) applies for or has
appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of
competent jurisdiction to take charge of or sell any material portion of its property or
business; or
(c) in the event of a Force Majeure Event affecting Henry Davidsen’s
performance of this Agreement for more than ninety (90) consecutive days.
Section 3.04 Effect of Termination.
(a) Expiration or termination of the Term will not affect any rights or
obligations of the Parties that:
(i) come into effect upon or after expiration or termination of this
Agreement; or
(ii) otherwise survive the expiration or earlier termination of this
Agreement under its terms or were incurred by the Parties before such expiration
or earlier termination.
(b) Any notice of termination under this Agreement automatically operates as a
cancellation of any deliveries of Goods to Client that are scheduled to be made after the effective
date of termination, provided, however, if requested by Client, Henry Davidsen shall deliver any
Goods that are the subject of an executed order at the time of cancellation and provided further
that full payment for such Goods are made in advance of delivery.PROGRAM ACCOUNT AND SALE OF GOODS AGREEMENT
This PROGRAM ACCOUNT AND SALE OF GOODS AGREEMENT (this
“Agreement”) is entered into by and between Henry A. Davidsen, LLC (“Henry Davidsen”), a
Pennsylvania limited liability company whose business address is 1701 Spruce Street, Second
Floor, Philadelphia, Pennsylvania 19103, and ____________________________, whose address
is __________________________________________________ (the “Client,” and together with
Henry Davidsen, collectively the “Parties”, and sometimes each, a “Party”).
RECITALS:
WHEREAS, Henry Davidsen is in the business of providing custom clothing, corporate
and individual image consulting and gifting, wedding consulting services, and the sale of clothing
accessory items for its existing and new clients;
WHEREAS, Henry Davidsen has a budgeting and funding account program available to
its clients who are desirous of purchasing custom clothing, clothing accessories, and other services
from Henry Davidsen that will allow clients to budget their spending for these items and to deposit
money into an account to be applied to the client's future purchases;

WHEREAS, the Client desires to participate in Henry Davidsen’s budgeting and
prepayment funding account program.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I
DESCRIPTION OF THE HENRY DAVIDSEN
CLIENT PREPAYMENT FUNDING ACCOUNT PROGRAM
Section 1.01 Program description, features, and requirements.
A. Participation levels and fixed monthly payment options. The Client may select from
the following monetary participation levels under the program:
1. Two hundred and fifty dollars per month ($250/month) – Bronze Level
2. Five hundred dollars per month ($500/month) – Silver Level
3. Seven hundred and fifty dollars per month ($750/month) – Gold Level
4. One thousand dollars per month ($1000/month) – Platinum Level
B. Utilization of the funds paid into the Client’s program account.
1. The monthly payments made by the Client into the program may be applied toward
the purchase of any merchandise in the Henry Davidsen shop, to any custom
clothing orders placed by the Client, and to any services provided by Henry
Davidsen.
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C. Payment methods. The Client may make the monthly payments to Henry Davidsen by
either method offered below:
1. Automatic monthly payment via ACH; or
2. Automatic monthly credit card payment.
D. Minimum participation.
1. There is a minimum participation requirement in the Henry Davidsen program of
six consecutive months. The Client shall make six consecutive months of payments
in the program commencing upon execution of this Agreement. The Client is not
limited to a particular participation level and may change levels during participation
in this program.
2. After making the initial six consecutive months of payments under the program, the
Client may elect to temporarily suspend making monthly payments under the
program for a period not to exceed two consecutive months. However, the Client is
required to resume participation in the program and to make a total of twelve
monthly payments within fourteen months from the date of execution of this
Agreement.
3. After making a total of twelve monthly payments under the plan, the Client may
cancel continued participation in the Henry Davidsen program, and no further
payments by the Client into the program are required.
4. In the event the Client ceases to participate in the program and has not expended
the funds paid into the Client’s account, the Client shall utilize and expend the
amount of unused funds in the account within six months from the date of the last
payment made by the Client into the Henry Davidsen program or all funds
remaining in the Client’s account will be forfeited to Henry Davidsen.
E. The monthly plan payments made by the Client shall serve as a credit for the benefit of
the Client to be applied toward purchases made of Henry Davidsen’s items,
merchandise, custom orders, and services.
1. The Client agrees to make a minimum of two purchases of custom clothing per year
from Henry Davidsen.
2. There is no minimum purchase amount required of the Client on any orders placed
by the Client.
F. Pricing for merchandise, custom clothing orders, and for Henry Davidsen services
purchased by the Client shall be established by Henry Davidsen at the time of purchase
or order placement.
G. The Client may cancel and rescind this Agreement within three days of execution of
this Agreement without cause, and if canceled by the Client within these three days any
funds tendered to Henry Davidsen under this Agreement shall be returned in full.
Termination of this Agreement after this initial three-day period may only be done
under the termination provisions set forth below.
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H. Bonus credits are afforded to the Client for plan participation. If the Client makes
twelve monthly payments, Henry Davidsen will provide to the Client one bonus month
at the level for which the Client is participating, i.e. $250 level will earn $250 in credit,
$500 level will earn $500 level in credit, etc. If the Client increases his or her
participation level, the monthly bonus given under this provision shall be at the lower
level for that preceding twelve-month period but will reset at the new level for the next
12 months/payments.
ARTICLE II
COMPLIANCE WITH LAWS
SECTION 2.01 General Compliance With Laws. Henry Davidsen and Client shall at
all times comply with all laws, rules, and regulations applicable to this Agreement, to the Parties’
performance of their obligations hereunder, and to the Client’s purchase of custom clothing,
merchandise, and services from Henry Davidsen.
ARTICLE III
TERM AND TERMINATION
Section 3.01 Term. The initial term of this Agreement commences on the date of
execution of this Agreement and shall continue for a period not to exceed fourteen consecutive
months from the date of execution. This Agreement shall renew automatically at the end of each
term, unless canceled by the Client in writing, providing thirty days’ advanced notice to Henry
Davidsen of termination.
Section 3.02 Henry Davidsen’s Right to Terminate. Henry Davidsen may terminate
this Agreement upon written notice to Client:
(a) if Client fails to pay any amounts into the Henry Davidsen program when
due under this Agreement (“Payment Failure”) and such failure continues for five (5)
days after Client’s receipt of written notice of nonpayment;
(b) if within any twelve (12) month period, two (2) or more Payment Failures
occur;
(c) if Client breaches any material provision of this Agreement and either the
breach cannot be cured or, if the breach can be cured, it is not cured by Client within five
(5) days after the Client’s receipt of written notice of such breach; or
(d) if Client (i) becomes insolvent or is generally unable to pay its debts as
they become due, (ii) files or has filed against it, a petition for voluntary or involuntary
bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding 
4
under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or seeks to make
a general assignment for the benefit of its creditors, or (iv) applies for or has appointed a
receiver, trustee, custodian, or similar agent appointed by order of any court of competent
jurisdiction to take charge of or sell any material portion of its property or business.
Section 3.03 Client’s Right to Terminate. The Client may terminate this Agreement
upon written notice to Henry Davidsen:
(a) if Henry Davidsen breaches any material provision of this Agreement or
any Individual Transaction and either the breach cannot be cured or, if the breach can be
cured, it is not cured by Henry Davidsen within thirty (30) days after Henry Davidsen’s
receipt of written notice of such breach;
(b) if Henry Davidsen (i) becomes insolvent or is generally unable to pay its
debts as they become due, (ii) files or has filed against it, a petition for voluntary or
involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any
proceeding under any domestic or foreign bankruptcy or insolvency Law, (iii) makes or
seeks to make a general assignment for the benefit of its creditors, or (iv) applies for or has
appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of
competent jurisdiction to take charge of or sell any material portion of its property or
business; or
(c) in the event of a Force Majeure Event affecting Henry Davidsen’s
performance of this Agreement for more than ninety (90) consecutive days.
Section 3.04 Effect of Termination.
(a) Expiration or termination of the Term will not affect any rights or
obligations of the Parties that:
(i) come into effect upon or after expiration or termination of this
Agreement; or
(ii) otherwise survive the expiration or earlier termination of this
Agreement under its terms or were incurred by the Parties before such expiration
or earlier termination.
(b) Any notice of termination under this Agreement automatically operates as a
cancellation of any deliveries of Goods to Client that are scheduled to be made after the effective
date of termination, provided, however, if requested by Client, Henry Davidsen shall deliver any
Goods that are the subject of an executed order at the time of cancellation and provided further
that full payment for such Goods are made in advance of delivery.
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ARTICLE IV
MISCELLANEOUS
Section 4.02 Entire Agreement.
This Agreement constitutes the sole and entire agreement of the Parties with respect to the
subject matter contained herein, and supersedes all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, concerning such subject matter.
Section 4.03 Headings. The headings in this Agreement are for reference only and do
not affect the interpretation of this Agreement.
Section 4.04 Severability. If any term or provision of this Agreement is invalid, illegal,
or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect
any other term or provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction. Upon a determination that any term or provision is invalid,
illegal, or unenforceable, the court may modify this Agreement to affect the original intent of the
Parties as closely as possible so that the transactions contemplated hereby be consummated as
originally contemplated to the greatest extent possible.
Section 4.05 Amendment and Modification. No amendment to or modification of or
rescission, termination, or discharge of this Agreement is effective unless it is in writing and signed
by each Party.
Section 4.06 Assignment. Neither party may assign any of its rights or delegate any of
its obligations under this Agreement without the prior consent and approval of the other party.
Section 4.07 Successors and Assigns. This Agreement is binding on and inures to the
benefit of the Parties to this Agreement and their respective permitted successors and permitted
assigns.
Section 4.08 Choice of Law. This Agreement, and all matters arising out of or relating
to this Agreement, are governed by, and construed under, the Laws of the Commonwealth of
Pennsylvania, without regard to the conflict of laws provisions thereof to the extent such principles
or rules would require or permit the application of the Laws of any other jurisdiction.
Section 4.09 Choice of Forum. Each Party irrevocably and unconditionally agrees that
it will not commence any action, litigation, or proceeding of any kind whatsoever against the other
Party in any way arising from or relating to this Agreement in any forum other than the state court
located within Philadelphia County, Pennsylvania. Each Party irrevocably and unconditionally
submits to the exclusive jurisdiction of such court and agrees to bring any such action, litigation,
or proceeding only in such court. Each Party agrees that a final judgment in any such action,
litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the
judgment or in any manner provided by Law.
 
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Section 4.10 Force Majeure. Any delay or failure of either Party to perform its
obligations will be excused if it is caused by an extraordinary event or occurrence beyond
reasonable control and without the fault or negligence of such Party. Such causes shall include,
without limitations: (a) acts of God; (b) storms, flood, fire, earthquake, or explosion; (c) war,
invasion, hostilities, terrorist threats or acts, riot or other civil unrest; (d) strikes, labor stoppages,
or slowdowns or other industrial disturbances; and (e) national or regional emergency (each a
“Force Majeure Event”).
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first written above by their respective officers thereunto duly authorized.
HENRY A. DAVIDSEN, LLC<h2 class="">Comments and uploading content</h2><p>By submitting a comment or uploading content onto this Website, you grant Henry A. Davidsen a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.</p>

<p>The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:</p><ul><li>Content that harasses others;</li><li>Content that is discriminatory or offensive;</li><li>Swearing, name calling and otherwise abusive content;</li><li>Pornographic and sexually explicit content;</li><li>Content displaying, depicting or suggesting violence;</li><li>Content that exploits or abuses children;</li><li>Content encouraging or committing illegal acts;</li><li>Content sharing personal information without consent;</li><li>Content infringing on someone’s rights, including intellectual property rights;</li><li>Content advertising products or services without our permission;</li><li>Content whose purpose is spamming others.</li></ul>

<h2 class="">Prohibited uses</h2>

<p>You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:</p>

<ol><li>Impersonating or attempting to impersonate Henry A. Davidsen or its employees, representatives, subsidiaries or divisions;</li><li>Misrepresenting your identity or affiliation with any person or entity;</li><li>Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;</li><li>Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;</li><li>Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;</li><li>Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;</li><li>Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;</li><li>Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;</li><li>Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;</li><li>Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;</li><li>Otherwise attempting to interfere with the proper working of the Website;</li><li>Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.</li></ol>

<h2 class=""><span class="text-uppercase">No warranty on Website</span></h2>

<p class="text-uppercase">This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

<h2 class="">Availability, errors and inaccuracies</h2>

<p>We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. </p>

<h2 class=""><span class="text-uppercase">Damages and limitation of liability</span></h2>

<p class="text-uppercase">In no event shall Henry A. Davidsen be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Henry A. Davidsen has been advised of the possibility of such damages. </p><h2 class="">Links to third party websites</h2>

<p>This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. </p>

<h2 class="">Intellectual property and DMCA notice and procedure for intellectual property infringement claims</h2>

<p>All contents of this Website are ©2023 - 2025 Henry A. Davidsen or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Henry A. Davidsen and are either registered trademarks, trademarks or otherwise protected intellectual property of Henry A. Davidsen or third parties in the United States and/or other countries.</p>

<p>If you are aware of a potential infringement of our intellectual property, please contact Holden Ayers at marketing@henrydavidsen.com. </p>

<p>We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.</p>

<p>If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:</p>

<ol><li>An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;</li><li>A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;</li><li>Your name, email, address and telephone number; and</li><li>A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.</li></ol>

<p>Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.</p>

<p>You may submit your claim to us by contacting us at:</p><p>Henry A. Davidsen<br>Holden Ayers<br>marketing@henrydavidsen.com<br>+1 215-490-9270<br>1701 Spruce St.<br>
2nd Flr<br>
Philadelphia, PA 19103<br><span class="text-uppercase">United States</span></p>

<h2 class="">Governing law, severability, dispute resolution and venue</h2>

<p>These Terms shall be governed and construed in accordance with the laws of the state of Pennsylvania, United States, without regard to its conflict of laws provisions. <span class="text-uppercase">These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms</span>.</p>

<p>Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website. </p>

<p>Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Philadelphia County, Pennsylvania.</p>

<p class="text-uppercase">You and Henry A. Davidsen agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.</p>

<h2 class="">Changes to Terms of Service</h2>

<p>We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.</p>

<h2 class="">Questions</h2><p>If you have any questions about our Terms of Service, please contact us at info@henrydavidsen.com.</p>

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