Terms Of Use
- Terms And Conditions Of Sale
- Intellectual Property
- Website Use And Restrictions
- Limitation of Liability
- Enitre Agreement/Changes
- Applicable Law And Venue
- Severablity
- Terms And Conditions Of Sale
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This is a legal contract and agreement ("Agreement") between you and the DEFT, LLC ("Deft Family"). By accessing, browsing, and using this website ("Site") to purchase garments and other products ("Merchandise"), you (i) acknowledge that you have read, understood, and accepted the terms and conditions of this Agreement, and (ii) agree that such terms and conditions are a legal contract by which you are bound and which govern the purchase of Merchandise by you from DEFT, LLC.
If for any reason you do not agree with and accept all the terms and conditions of this Agreement, you should discontinue using this Site for purposes of purchasing Merchandise.
As discussed below, DEFT, LLC reserves the right, to change or amend this Agreement.
By using this Site for purposes of purchasing Merchandise, you further agree to the terms and conditions of DEFT, LLC's Privacy Policy and the Terms and Conditions of Use.
- Intellectual Property
- All intellectual property on the Site (except for User Generated Content) is owned by DEFT, LLC, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of DEFT, LLC unless noted. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of DEFT, LLC; All rights reserved. Magento™ is a trademark of Irubin Consulting Inc. DBA Varien. Magento Community Edition is distributed under the Open Software License (OSL 3.0), and is thus certified open source software. See http://opensource.org/licenses/osl-3.0.php for details.
- Website Use and Restritcitons
- You may use the Content only for your own non-commercial use to participate in the Site or to place an order or purchase DEFT, LLC products. Any other use is prohibited unless agreed to by DEFT, LLC in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site. You agree not to modify, copy, translate, broadcast, perform, display, distribute, reproduce, republish, download, display, post, or sell any Intellectual Property or Content appearing on the Site, including any User Generated Content, without DEFT LLC's prior written consent, unless it is your own User Generated Content that you legally post on the Site. You agree not to use any data mining, robots, or similar data gathering tools. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
- Limitation Of Liability
- THE LIABILITY OF DEFT, LLC ARISING OUT THE SUPPLYING OR SELLING OF THE MERCHANDISE, OR ITS USE BY YOU OR YOUR CUSTOMER, AND WHETHER BASED UPON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE MERCHANDISE. THE REMEDIES SET FORTH ABOVE SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF YOU AND THE SOLE ANDEXCLUSIVE LIABILITY OF DEFT, LLC WHETHER THE CLAIMS ARE BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL DEFT, LLC BE LIABLE TO YOU OR YOUR CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER BASED UPON PASSIVE OR ACTIVE, LOST GOODWILL, LOST RESALE PROFITS, WORK STOPPAGE, PROPERTY DAMAGE, LOSS OF USE, EXPENSES OF RECALL, OR OTHERWISE.
- Enitre Agreement/Changes
- This Agreement sets forth the entire agreement of the parties with respect to the subject matter. These terms and conditions may not be altered, supplemented or amended by the use of any other documents. DEFT, LLC may change this Agreement at any time without notice by updating this Site and the change is effective immediately upon such posting and change to the Site. By using the Site for purposes of purchasing Merchandise, you agree to be bound by any such changes. You should periodically visit the Site and this page to determine the then current terms and conditions of which you are bound.
- Applicable Law And Venue
- If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DEFT, LLC's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement may be assigned in whole or in part by DEFT, LLC. This Agreement may not be assigned in any manner by you without the express, prior permission of DEFT, LLC. This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Riverside, California (the "California Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of relating to this Agreement except in the California Courts, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
- Severablity
- If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
