TERMS & CONDITIONS
BY ACCESSING OR USING OUR WEBSITE (COLLECTIVELY THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
Our site and related services including the sending of promotional text messages, are provided subject to the Terms and Conditions (the “Terms”). In the Terms, “we” or “us” refers to the Company and its brands. “You” or “Your” refers to the person viewing and/or making a purchase through the site.
Availability and Use of Our Site; Ownership; User Content
To use our Site or purchase any products or services we make available on our Site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or if you are a minor, have a valid credit card where an adult has listed you as an authorized user of their card. Prior to the purchase of any products or services, you must provide us with a valid credit card number and associated payment information including all of the following: 1. your name as it appears on the card 2. your credit card number 3. the credit card type 4. the date of expiration and any activation numbers or codes needed to charge your card or otherwise use a valid gift card.
All pages and Content within the Site (including past, present and future versions) are the property of Company and/or its subsidiaries, affiliates, vendors, and licensors. Company grants you a nonexclusive license to use the Site solely for your personal, non-commercial use, as detailed below. When using the Site, you must respect the intellectual property and other rights of Company and third parties. Your unauthorized use of Content may violate applicable laws, such as copyright, trademark, privacy, publicity, communications, and other laws, and may subject you to personal liability, including potential criminal liability.
The Site contains a variety of “Content” which includes information, items and other materials relating to Company, including apparel, products and services, as well as similar items from our licensors and other third parties. All Site Content is the property of Company and this extends to all trademarks, copyrighted material and other intellectual property, including but not limited to the layout of the Site and the information contained in the Site, such as articles, customer reviews and other comments, posts, text and data files, images, scripts, designs, graphics, audio and video files, meta tags or any other “hidden text” utilizing any trademarks, and other technology. The Site, its Content and User Content are owned or controlled by Company and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device “Device” or your personal, non-commercial use only. The foregoing limited license: (a) does not give you any ownership of, or any other intellectual property interest in, any Content, and (b) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
Company does not seek unsolicited ideas or materials for new products or services, or suggestion for improvements to existing products or services. Any unsolicited ideas and materials you provide through the Site are deemed User Content and licensed to us as set forth above. In addition, we retain any and all rights held by members of the general public with regard to the unsolicited ideas and materials you provide through the Site.
We may suspend or terminate the availability of the Site and any Content (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice to you.
Site Use and Content Boundaries
Any unauthorized use of any Content or the Site for any purpose is prohibited.
Copies of The Terms and Conditions; Updates
You may print a copy of the Terms using the print button or feature in your browser. We suggest keeping a copy for your future reference. However; we may revise the Terms at any given time, with or without notifying you, and by your continued use of the Site you agree to be bound by future revisions without reserve. It is your responsibility to regularly visit our “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms. You may use your browser to print copies of any updated Terms.
SOME JURISDICTIONS MAY LIMIT OR NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. TO THE EXTENT THAT APPLICABLE LOCAL LAW EXPRESSLY PROHIBITS DISCLAIMER OF SUCH WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. BY USING THE “SITE” YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY AND ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THE TERMS AND CONDITIONS, COMPANY, ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
LIMITATION OF LIABILITY
COMPANY AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY TO YOU OF COMPANY, ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THE TERMS AND CONDITIONS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT ARE THE BASIS OF THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS THE PROVISION TO BE UNCONSCIONABLE.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity of the Site and accuracy of the Content, it is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Company makes no guarantees whatsoever as to the correctness or accuracy of the Site and Content. We reserve the right to correct inaccuracies or any omissions and update information at any time. In the event that you become aware of an inaccuracy, please notify us so that we can correct the inaccuracy. Information contained on the Site may be changed or updated without notice. In addition, the availability of products and other items on the Site may change at any time, without notice. The pricing for products and other items in your shopping cart may also change from the time you originally placed the items in your cart. Therefore, always review pricing for your products at the time of checkout. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
Call Recording and Monitoring.
You acknowledge that telephone calls to or from Company, together with its agents, independent contractors, and affiliates, may be monitored and recorded and you agree to such monitoring and recording. Your Provision of Telephone Numbers and Other Contact Information. You verify that any contact information provided to Company, its agents, or affiliates, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account access at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by visiting My Account and logging in with your email address and password.
Unauthorized Use of Your Telephone Device. You must notify Company immediately of any breach of security or unauthorized use of your telephone device. Although Company, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of Company, our agents, affiliates or others due to such unauthorized use.
Overall, you are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls. Your obligations under this Section will survive termination of the Terms.
Links or Pointers to Other Sites
Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a hyperlink to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
No Class Action Matters. YOU AND COMPANY 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.
F. Federal and State Courts in New York, New York. Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in New York, New York. Accordingly, you and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction. Notwithstanding any other provision in the Terms to the contrary, to the extent Company makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Company notice of prior to the change in the dispute resolution provision.