Welcome to Our Store (the "Sites"). Please carefully read and review the following terms and conditions (collectively, the "Terms"), as they govern your use of our Sites. By accessing our Sites, you agree to abide by these Terms. If at any time you do not agree to these Terms, please refrain from entering or using our Sites. YOUR USE OF THE SITES INDICATES YOUR ACCEPTANCE OF THESE TERMS.General use and changes to our site
These Terms constitute the entire agreement and understanding between you and Our Store, and they supersede any and all prior communications and agreements relative to your relationship with Our Store. Our Store provides you with access to our Sites subject to your compliance with these Terms. In the event such Terms are violated, Our Store reserves the right to seek any and all available remedies afforded to us by the law. We may terminate your access to our Sites at any time, for any reason or no reason, and without prior notice to you.
Please review these Terms each and every time that you access our Sites, as they may be revised periodically. It is your responsibility to stay up to date on any changes, as your continued use of our Sites following any posted revisions constitutes your agreement to be bound by the revised Terms. Our Store reserves the right, at any time and in our sole discretion, to revise these Terms in any manner we deem necessary. Any and all changes will take effect once posted.Products and pricing
Many of the products displayed on our Sites can be found in our retail stores and in those of our authorized retail partners, located throughout the world. In certain instances, merchandise may be available for purchase exclusively through our Sites. Products are subject to availability, as some of the displayed merchandise may be out-of-stock, discontinued, or unavailable in your size. Our Store does not represent or warrant that any products displayed on our Sites will be available, through the internet or in any of our retail or approved stores, at any specific time.
Our Store reserves the right to limit order quantities, or to outright refuse orders, without reason or prior notice. In the event such limitation or refusal occurs, we will attempt to get in touch with you using the contact information you provided to us. Customers of our Sites are not authorized to purchase any items for resale purposes, nor are customers permitted to resell any products purchased through our Sites. Orders placed by unauthorized vendors or resellers will not be honored.
All prices are quoted in U.S. dollars and subject to change. In the event of any typographical pricing errors, omissions, or inconsistencies, Our Store reserves the right to refuse or cancel any orders placed for products incorrectly priced, regardless of whether your credit card has been charged or a confirmation was sent. In the event that your credit card was charged for the incorrect amount and your order is cancelled, Our Store will reimburse your credit card for the full amount you were charged.COLORS
Our Store has made every effort to accurately display the colors of our products. The settings on your computer and the monitor that you use may affect the actual color that is displayed, and as such, we cannot guarantee that the colors you see will be accurate.COPYRIGHT INFRINGMENT COMPLAINTS
Our Store respects the intellectual property rights of third parties. If you believe that anything on our Sites infringes upon any copyright which you own or control, please notify our legal department by providing them with the following information, in its entirety, as outlined in 17 U.S.C. § 512:
1. physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work or works that you claim have been infringed;
3. A description of where on our Sites we can find the work or works that you claim have been infringed;
4. Your name, address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law;
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner who has allegedly been infringed.
The collective content of our Sites, including without limitation any design, text, pictorial or graphic components, is protected under U.S. copyright laws. All content is provided solely for your personal and non-commercial use. Any commercial or derivative use of our Sites is strictly prohibited, and this includes without limitation the distribution, modification, publication, sale or public display of any content obtained from our Sites. Our Store reserves the right to protect our intellectual property and site contents to the fullest extent afforded to us by the law.USER GENERATED CONTENT
You are solely responsible for any comments, feedback, reviews, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit to our Sites ("User Generated Content" or "Content"), and for any consequences that result from such submissions. Our Store expressly disclaims any and all liability in connection with User Generated Content.
All User Generated Content submitted to our Sites shall be deemed non-proprietary and non-confidential. Our Store shall be free to use, reproduce, modify, publish, incorporate, exploit, develop and distribute such Content and any ideas contained therein, without restriction or cost and through any medium now known or later developed. Our Store does not solicit or accept any ideas, proposals, concepts, materials, or suggestions for future products, services, marketing campaigns, or for anything else related to our company ("Business Ideas"). Business Ideas that you submit are considered User Generated Content, and thus they may be freely utilized or otherwise exploited by Our Store without restriction and without compensating you in any way. You are solely responsible for ensuring that the Content you submit complies with all laws and regulations, including without limitation those related to the intellectual property and privacy rights of third parties. Our Store reserves the right to deny, remove, edit, or modify any User Generated Content at any time for any reason. Our Store may monitor and review the Content submitted to our Sites, but we are under no obligation to do so. You understand that by accessing our Sites you may be exposed to User Generated Content that is offensive, inaccurate, misleading or otherwise distasteful. Such Content is the sole responsibility of the third party from whom it was submitted and under no circumstance shall Our Store be liable for any User Generated Content or for any damages resulting from such Content. Our Store does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained therein.PROHIBITED CONDUCT
Our Store expressly prohibits certain conduct on our Sites. Any and all illegal, tortious, or otherwise unauthorized acts associated with your use of our Sites will not be permitted. The following provides a list, without limitation, of conduct which is forbidden. All users of our Sites agree not to:
• Partake in any harassing, abusive, obscene, or otherwise intimidating conduct, whether through electronic or oral communications.
• Provide false or inaccurate information, regardless of whether it is your own or that of a third party.
• Interrupt, compromise, or otherwise interfere with our Sites, or attempt to perform such acts.
• Access, or attempt to access, any data or other information which is not your own by way of entering into a secure Our Store server, account, file, or database. Any breach of security, whether successful or attempted, may result in criminal or civil liability.
• Upload or transmit any viruses, corrupted files or links, or any data which could potentially damage our Sites, software, or equipment, or those of any third party.
• Post or submit User Generated Content which is unlawful, libelous, fraudulent, threatening, pornographic, obscene, defamatory, infringing of intellectual property rights, soliciting of business or services, or otherwise offensive to any third party.
• Post or submit User Generated Content in an excessive, disruptive, or repetitive manner.
• Access or use the member account of any third party, or attempt to perform such acts.
Our Store allows you the option of becoming a registered member of our Sites through the "My Account" feature. In order to set up your personal account, we require that you create a personal and confidential password, which must be reproduced every time that you log in. You are responsible for protecting the confidentiality of your password and maintaining control over who has access to your account. You agree to accept sole responsibility for any and all activities that occur under your account. In the event that your account has been compromised and your password wrongfully obtained, please notify Our Store immediately.LINKING
Certain third party websites may contain links to our Sites. Our Store does not endorse any websites which offer links to our Sites, nor are we affiliated with any such websites. In the event you have accessed our Sites by clicking a link from a third party website, please understand that your visitation and use of our Sites is governed by these Terms, not those of the third party website from where you came.DISCLAIMER OF WARRANTIES
Our Sites, and the services that they herein provide, are provided "as is" and without warranties of any kind. Our Store expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, and any warranties of title or non-infringement. Our Store does not represent or warrant that our Sites, or their function, downloadable materials, contents or any services that they herein provide, will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory, or cured of any defects. Our Store is not responsible for any damages incurred as a result of your use of our Sites, as your visitation and use of our Sites is done at your own risk.
In the event your jurisdiction does not allow for a disclaimer of implied warranties, the abovementioned disclaimer may not apply to you.
You assume all responsibility and risk associated with your use of our Sites. To the fullest extent permitted by law, under no circumstances will Our Store, or any of its directors, employees, agents, affiliates, licensors, manufacturers, or suppliers, be liable for any consequential, indirect, special, incidental, or punitive damages related to the use of our Sites or any linked websites, including but not limited to any lost profits or revenues, anticipated profits or revenues, lost data or business opportunities, website malfunctions, or other performance-related failures of our Sites, personal injuries to you or any third party, or any other tangible or intangible losses or damages related to your use of the Sites.INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Our Store, its directors, employees, agents, affiliates, licensors, manufacturers and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, arising from or relating to your use of our Sites, violation of these Terms, or violation of any third party rights. Our Store reserves the right to take control of any litigation matters, at our own expense, which may have a material effect on our organization, regardless of whether the matter qualifies for an indemnity. In the event Our Store takes control of such litigation, you agree to cooperate and participate as needed in the defense of such matters.JURISDICTION/CHOICE OF LAW
These Terms are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law provisions. All disputes or other actions arising from these Terms shall be adjudicated entirely in the state and/or federal courts of the Commonwealth of Massachusetts.SEVERABILITY
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.CONFLICT OF TERMS
In the event there is a conflict or inconsistency between the provisions of these Terms and any other Our Store policies, notifications, or terms and conditions, the other policies, notifications, or terms and conditions which are specific to a particular product, service, contest or section of our Sites shall govern your use of that specific section.ASSIGNMENTS
These Terms are not intended to grant any right or benefit to any third party, nor are they intended to extend any obligations or liabilities to any third party. Under no circumstances may you assign your rights, obligations, or liabilities under these Terms to any third parties without the express written consent of Our Store.Termination
This agreement, and these Terms, will remain in effect until terminated by either party. You or Our Store may terminate this agreement at any time, with or without notice. Our Store consequently reserves the right to deny, block, or prevent your access to our Sites or any portion of our Sites for any or no reason at all, and for as long as we deem necessary.RESOLVING DISPUTES
In the unlikely event that a problem occurs with respect to your use of these Sites and these Terms, Our Store would like to address your concerns without needing a legal case or proceeding. Before initiating a legal case against Our Store, we ask that you work with us to resolve the dispute informally by contacting our Customer Service department.Contact us