Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using our site
you are agreeing to comply with and be bound by the following terms of use. Please
review the following terms and conditions carefully, and check them periodically
for changes. If you do not agree to the terms and conditions, you should not review
information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO
PARTICIPATE ON OUR SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in
this Terms and Conditions of use Agreement ("Agreement") with respect
to our site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended by us at any time
and from time to time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to using the
Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, registered trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials.
3. Fraud: By becoming a member, you confirm that the information provided in this
form is true and that you agree to abide by the Terms and Conditions of use of
this site. Please note that your membership can be cancelled without notice if
it is determined that false or misleading information has been provided, the Terms
and Conditions of use have been violated, or other abuses have occurred as determined
by “Insert your company name here” in its sole discretion. If membership
has been revoked, “Insert your company name here” reserves the right
to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced in any form
or incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not transferable and
may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed. WE WILL
NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability
to you under all circumstances will be equal to the purchase price you pay for
any goods, services or information.
10. Use of Information. We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
11. Third-Party Services. We allow access to or advertise third-party merchant
sites ("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for all aspects
of order processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. YOU AGREE THAT USE
OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR
ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on such sites. We
are not responsible for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make any representations
or commitments on behalf of the other.
13. Privacy Policy. Our Privacy Policy, as it may change from time to
time, is a part of this Agreement.
14. Payments. You represent and warrant that if you are purchasing something from
us or from our Merchants that (i) any credit card information you supply is true,
correct and complete, (i) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the posted
prices, including any shipping fees and applicable taxes.
15. Securities Laws. This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and objectives,
that are forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates," "seeks,"
"plans," "intends" and similar expressions are intended to
identify forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for sale of
any securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related filings
or documents.
16. Links to Other Web Sites. The Site contains links to other Web sites. We are
not responsible for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
17. Submissions. All suggestions, ideas, notes, concepts and other information
you may from time to time send to us (collectively, "Submissions") shall
be deemed and shall remain our sole property and shall not be subject to any obligation
of confidence on our part. Without limiting the foregoing, we shall be deemed
to own all known and hereafter existing rights of every kind and nature regarding
the Submissions and shall be entitled to unrestricted use of the Submissions for
any purpose, without compensation to the provider of the Submissions.
18. Exchange Policy: You may return clothing for an exchange or credit within 30 days of receipt of goods. (Exception is made for items that are purchased between October 15 and December 10 intended for holiday gift giving. Holiday gifts must be returned for exchange or credit by January 15.) Please enclose a note describing reason for return, what you would like in exchange. Please also, include a phone number and/or email address in case we have any questions. Credit or exchange not issued for garments that have been used or altered in any way.)
19. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY
OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR
PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT
OF Mendocino, California OR THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF California . YOU ARE EXPRESSLY
SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING
IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT Willits , California
OR THE DISTRICT OF California
IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site
is created and controlled by Organic Attire, in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement
and elsewhere throughout the Site, without giving effect to any principles of
conflicts of laws.
20. Verify Members' Address: Organic Attire reserves
the right to contact a Member via email to verify the accuracy of account information
(including the Member's correct name and address) that is needed to provide the
Member with the information he or she requested from Organic Attire.
Conditions of Use |
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