Our Website may allow you to post, share or make available certain comments, content or other materials onto the Website (e.g., through product reviews or community sections of the Website). In addition, we may use functionality provided by third parties, including social media networks (e.g., Instagram), which will allow us to re-post on our Website posts you have made through social networks, through the use of a specific hashtag or other tag we have identified for use with this feature. By submitting comments, content or other materials (“Your Content”) in any manner, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sub licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Website. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Website (at which point such license will terminate within a commercially reasonable time after your request). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
Keep in mind that any of Your Content that you post or make available to us directly or through a social network may be made public on the Website and can be copied by third parties. This includes your photo or any personal information you may include in Your Content. Therefore, if you don’t want Your Content made public, do not submit it to us or utilize the applicable hashtag or other identifier on your social network account.
Ownership of Our Content
All content on the Website other than Your Content (as defined below), including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company, or its endorsers or partners (collectively, ” Company Partners”). All rights reserved. None of the Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not republish the Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company or a Company Partner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.
License To Use Website
You acknowledge that you are 13 years of age or older. Children under the age of 13 are not allowed to purchase any products through our Website.
When you register for an account on the Website, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and other account information. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. Without limiting the foregoing, you are solely responsible for any and all use of your account. Your username and password are not transferable.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order or based on your country of origin. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through the Website at any time in our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will make reasonable attempts to notify you and shall issue a credit to your credit card account in the amount of the incorrect price.
To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the tax laws applicable to the location to which the order is being shipped or delivered. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.
We may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of this Agreement, we may delete and/or store, in its discretion, data associated with your use of the Website. We may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any feature, database, or content.
The Website may periodically contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. it is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Communications On Internet; Events X-Outfit Our Control
Use of the Website and the products sold thereon is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Website or the products sold thereon. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
While the Company has endeavored to create a secure and reliable Website, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company is not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION APPEARING ON THE WEBSITE IS PROVIDED “AS IS, AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL COMPANY, ANY COMPANY PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF ANY COMPANY OR COMPANY PARTNER PROMOTION, YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, OR YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE. IN NO EVENT SHALL COMPANY’S OR ANY COMPANY PARTNER’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
Links To Other Websites And Information About Other Products And Services
Links found on this Website may let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.
If you believe that any content, including any user submissions, or other materials, posted on the Website constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to indemnify and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
This Agreement shall be governed and constructed in accordance with the laws of the State of Texas without regard to conflicts of law provisions. With respect to any actions not subject to the parties’ arbitration obligations above, the sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Flower Mound, Texas.
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
We make no representations or warranties that the Website is appropriate or available for use in your country of origin. Visitors who choose to access the Website do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
Modifications to this Agreement
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.