All content included on the Site, including text, graphics, logos, images, video clips, data compilations, data feeds, software, as well as the compilation of the website content, is our property or that of our suppliers, and protected by United States and international copyright laws.
Our graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, of ours in the United States and/or other countries. You agree not to use these trademarks and trade dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do not own appearing on the site. Those trademarks are the property of their respective owners, who may or may not be affiliated with us.
If you believe that your work has been copied by us, please contact us at:
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access our site without the involvement of a parent or guardian over the age of 18.
YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO CONTENT AND MATERIAL SUBMITTED BY YOU
You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of the Site, and submit other content or information to us. User Content is not private or proprietary. You agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated with you and was not copied in whole or in part from any other work, and/or that you own or otherwise control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions associated with it, including without limitation permissions relating to intellectual property, rights of publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous, obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply with these terms; and (e) it is not composed of and does not contain software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use your own e-mail address to submit all User Content. YOUR SUBMISSION OF USER CONTENT CONSTITUTES AN AGREEMENT THAT YOU WILL DEFEND, INDEMNIFY, AND HOLD US HARMLESS FOR ALL CLAIMS RESULTING FROM USER CONTENT YOU SUPPLY.
You agree that if you violate any of these representations and warranties, we have the right, at any time, without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your registration and right to submit User Content; and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name, and your password.
You acknowledge that we do not regularly review posted User Content. You agree that we have the right (but not the obligation) to monitor and edit or remove any activity or User Content, and that under no circumstances shall we take responsibility or assume liability for any User Content posted by you or any third party.
WE DO NOT ENDORSE, ARE NOT RESPONSIBLE FOR USER CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.
RISK OF LOSS, FOREIGN SHIPMENTS, RETURNS, REFUNDS AND TITLE
You acknowledge and agree that all items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you request that we ship an item to a country outside the U.S. (a “Foreign Shipment”), you acknowledge and agree that those shipments may be subject to taxes, customs duties, and fees levied by the destination country (“Import Levies”). THE RECIPIENT OF THE SHIPMENT IS THE IMPORTER OF RECORD IN THE DESTINATION COUNTRY AND IS RESPONSIBLE FOR ALL IMPORT LEVIES. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
PRICING, PRODUCT DESCRIPTIONS, AND RESELLERS
We make every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion, that you are a reseller or commercial entity, we reserve the right to cancel your order.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE (ESSENTIALAPPAREL.COM, INC. AND ITS AFFILIATES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES; OUR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CLAIMS AGAINST US TO BE RESOLVED BY ARBITRATION / WAIVER OF class ACTION AND JURY TRIAL
If you have a claim against us, you agree that it will be resolved by binding arbitration. Without your agreement to binding arbitration, we would be unable to provide our products and services to you on the same terms. Your agreement to binding arbitration means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed in the state of NJ. You also agree not to bring a class action suit against us, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
The law of the State NJ and federal law to the extent applicable governs the use of the Site, without reference to choice of law provisions.
OUR RIGHT TO AMEND AND REMOVE POLICIES
We have the right to modify, amend or delete any policy posted on the Site at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
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