1. PLEASE READ CAREFULLY
Carmar Denim, Inc. Effective immediately. Last Updated: November 5th, 2014
By accessing or using our Services, including purchasing any products through our Services, YOU REPRESENT, WARRANT, UNDERSTAND, AND AGREE: (1) to accept, comply with, and be bound by this Agreement, and any applicable laws; (2) you are of legal age to form a binding contract, that you represent and warrant that you are more than 18 years of age and/or the age of majority in your state or that you are not less than 13 years of age and are visiting, using, or accessing www.carmardenim.com with the permission and under complete supervision of a parent or guardian who has agreed to be bound by this Agreement; (3) you are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction; (4) to comply with all applicable California and Federal laws, rules, statutes, and regulations concerning your access to and use of the Services; and (5) that you have the right, authority, and capacity to abide by this Agreement.
2. UPDATES, AMENDMENTS, AND SEVERABILITY
We want your shopping experience with us to continue getting better! We reserve the right to update, change, amend, modify, or otherwise alter these Terms from time to time. If any material changes, amendments, updates, modifications, or other alterations are made to the Agreement, we will notify you by posting the revised Terms on the Services or notifying you through the Services and/or updating the last updated date. No amendments, material changes, or modifications shall apply to a dispute of which we had actual notice of on the date of amendment. PUBLISHED AMENDMENTS ARE INAPPLICABLE TO PRIOR DISPUTES ARISING OUT OF, OR THAT ARE ARISING OUT OF EVENTS OCCURRING BEFORE SUCH PUBLICATION. ANY INTERACTIONS, ACCESS, OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services. If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth below, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed severed and superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with law enforcement requests or requirements.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We may terminate any of the following: (1) the Services or any portion thereof; (2) any website or webpage within the Services; (3) any products or services offered through the Services; or (4) your right to access or use of the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to use or access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination. We shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.
4. AUTHORIZED USE
Unless expressly authorized in writing by Carmar Denim, Inc., you may use our Services solely for your personal non-commercial use. You agree to only access or use the Services solely for purposes as allowed by these Terms. Amongst other things, you agree not to: (a) modify, copy, distribute, transmit, display, dilute, perform, record, transfer, reproduce, publish, license, create derivative works from, frame, photograph, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Site, Agreement, and Services, including without limitation, engaging in the practice of “screen scraping,” or any other similar activity; (b) hack (or attempt to hack) into our Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with our Services; (c) use any automatic or manual conduct, device, process, software, program, algorithm, methodology, or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, transmit any worms or viruses or any code of a destructive nature, disable, hinder, impede, or overburden or overload on, the operation of the Services, or interfere with any other party's use and enjoyment of the Services; (d) violate applicable laws, or rules including, but not limited to Trademark law and Copyright laws; (e) use the Services or Submit User-Generated Content (defined below) for any illegal, immoral, unlawful, obscene, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, invidious, libelous, lewd, lascivious, impolite, pornographic, indecent, invasive of another's privacy, hateful, offensive racially or ethnically, improper or objectionable purpose, or to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters; (f) to collect or track the information of others, or (g) access or attempt to access any password-protected or non-public areas of the Services without the express written permission of Carmar Denim, Inc., via any technology now known or later developed. Unauthorized use is subject to termination of your account, and/or appropriate legal action, including, without limitation, civil, criminal, and injunctive remedies.
For any portion of the Services that requires a user name or password, you are responsible for all of your use of your account under any user name or password and for safeguarding that all use of your account complies fully with these Terms and applicable law. You shall be responsible for protecting your user name(s) or password(s). You can link your account to social networking, and other social online accounts in accordance with applicable laws and this Agreement. You may only link your own accounts.
5. INTELLECTUAL PROPERTY
The Site and all Content (as defined below), distinguishable sources, features, logos, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, look and feel, décor, fixed tangible expression, compilations, transformative works, selections and arrangements thereof) that appears as part of or on the Services, are the property of Carmar Denim, Inc., and/or a third party (which may be indicated by a link to or from an external source, or otherwise). The Services and Content thereon are protected in accordance with copyright, right of publicity, trade dress, patent, and the trademark laws of the applicable jurisdiction. Except as may be expressly permitted by Carmar Denim Inc,, you may not use, reproduce, copy, modify, adapt, transform, publish, dilute, blur, tarnish, disparage, discredit, cause confusion, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited. All rights not expressly granted herein are hereby reserved.
All information, expression, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User-Generated Content (as defined below) and any other materials or intellectual property provided on the Services are owned by Carmar Denim, Inc. and/or third parties (collectively, the “Content”). The Content may contain omissions, errors, or may be out of date. Carmar Denim, Inc. reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on us in any way except to the extent specifically indicated.
We do not control, approve, sponsor, or endorse any third-party Content, products, or services and make no representations regarding, and are not liable or responsible for the timeliness, reliability, accuracy, completeness, or availability of any third-party Content, products, or services. Any third-party Content, products, or services transmitted through, posted on, or linked to, from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT CARMAR DENIM, INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES. Any concerns regarding Content and/or availability of hyperlinks of a third-party on the Services, which are not controlled by Carmar Denim, Inc., should be directed to the third-party that controls such Content or hyperlink.
7. USER-GENERATED CONTENT
By Submitting User-Generated Content to the Services, you grant, represent, and warrant that you have the right to grant to Carmar Denim, Inc., its affiliates, agents, officers, and licensees, an irrevocable, perpetual, non-exclusive, fully paid, license to use, edit, copy, perform, translate, display, reproduce, publish, distribute, sublicense, adapt, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User-Generated Content, for any purpose without restriction and without providing any attribution or compensation to you throughout the universe in any medium whatsoever. User-Generated Content will not be treated as confidential information and we are and shall be under no obligation to respond to any comments. By posting or allowing us or a third-party to post User-Generated Content to any public area of the Services, you grant us all rights necessary to prohibit any subsequent copying, aggregation, display, duplication, reproduction, or exploitation of the User-Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that: (i) is unauthorized by this Agreement, (ii) is not related to appropriate subject matters, (iii) is misleading to others, (vi) you do not have a right to Submit, (v) is infringing, dilutive, blurring, tarnishing, or substantially similar to any patent, trademark, trade dress, trade secret, copyright, or any other intellectual property, privacy, personality, or proprietary rights, of us or any third-party, or (vi) violates any applicable local, state, national, or any rules or regulations having the force of law. In the event that you do not wish for us to use your User-Generated Content, please do not Submit such User-Generated Content to the Services. Please note that any User-Generated Content does not represent the views, beliefs, opinions, or advice of Carmar Denim, Inc. Carmar Denim, Inc. makes no claim of accuracy for any such User-Generated Content. YOU UNDERSTAND AND AGREE that you are solely responsible for any User-Generated Content that you Submit and you may be held legally liable for such User-Generated Content. Carmar Denim, Inc. reserves the right, but is not obligated, to remove any User-Generated Content from the Services at any time and for any reason.
8. LIMITED LICENSE
You are hereby granted a non-exclusive, limited, and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view, and retain a copy of any websites or webpages of the Services for informational, non-commercial personal use. YOU UNDERSTAND AND AGREE that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, copying, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
9. LINKING TO THE SERVICES
If we authorize you to deep-link your website or a service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (i) Carmar Denim, Inc. has no obligation to continue to provide or make the service or the Services available; (ii) all intellectual property rights relating to Carmar Denim, Inc., affiliates, and third-parties, and our technology and Content, including all ownership, non-possessory, and licensee rights, remain the exclusive property of us; (iii) all conditions, disclaimers, and limitations on use set forth in these Terms remain in full force and effect; and (iv) we may terminate your access to the Services at any time in its sole discretion.
We reserve the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in our sole discretion, and including, but not limited to: (a) language that violates the standards of good taste or the standards of this Services, (b) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (c) personal attacks or describes physical confrontations and/or sexual harassment, (d) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (e) content that is illegal, or a violation of any federal, state, or local law, (f) content that violates the rights of any other person or entity, (g) language that is intended to impersonate other users, (h) words that are offensive, immoral, or use inappropriate user names, or (i) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots, or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or the Services.
You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by us. Use of any of our registered or unregistered trademarks as metatags or anything otherwise similar to metatags on other networks is also strictly prohibited via any technology now known or later developed without our consent. We may make available software or applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms, you have the right to use the software to access and use the Services for your own non-commercial personal use. This license is for the sole purpose of enabling you to use, access, and enjoy the Services in the manner permitted by these Terms. You may not copy, modify, distribute, compile, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have Carmar Denim, Inc. express written permission.
10. TERMS OF SALE AND RISK OF LOSS
By placing an order with us, you are: (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract or are not under the age of 13 and accompanied, supervised, and permitted to make such a purchase by a verifiable adult parent or guardian who has agreed to be bound by these Terms and to the purchase via credit card or other lawful permitted payment and is legally bound by these Terms, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any request made by you.
We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Carmar Denim, Inc., for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we may credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products, prices of services, discounts, sales, promotions, and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer for any lawful reason. We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last and we do not warrant that the quality of any products, services, information, or other material purchased by you will meet your expectations, or that any errors in the Service will be corrected. Certain products or services may be available exclusively online through the website. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
Please see our SHIPPING webpage and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. We reserve the right, but are not obligated, to restrict delivery or limit sales of our products or Services to any person, and to addresses within certain jurisdictions and/or exclusively in the United States. We may exercise this right on a case-by-case basis. Shipping and handling fees and applicable sales/use tax will be added as necessary (please see our SHIPPING webpages and all related webpages for further information). Items purchased from Carmar Denim, Inc., are made pursuant to a shipment contract. This means that the risk of loss and title for such item(s) purchased by you pass to you upon our delivery of the item(s) to the carrier. Carmar Denim, Inc. does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. For more information about our returns and refunds, please see SHIPPING.
11. Disclaimers and Warranties
THIS SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” ANY USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE MAKE NO REPRESENTÅTIONS OR GUARANTEES AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THIS SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THIS SITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED, OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SITE OR YOUR USE OF THIS SITE. IF WE ELECT TO MODIFY, SUSPEND, OR DISCONTINUE THIS SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY TO THE MAXIMUM EXTENT PERMITTED BY LAW. ALL PRODUCTS SOLD BY US ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, WE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. SOME CONTENT MAY INCLUDE MATERIALS THAT BELONG TO THIRD-PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.
12. Limitation of Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION) OR ANY OTHER PECUNIARY LOSS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, AND STRICT LIABILITY) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR RECOMMENDATIONS OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD-PARTY MAY RELY ON ANY SUCH INFORMATION OR RECOMMENDATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIUMUM EXTENT PERMITTED BY LAW. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO FIFTY DOLLARS ($50.00) IN THE AGGREGATE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES IMMEDIATELY.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US, OUR DIRECTORS, PARENT, PARTNERS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INTERNS, SUPPLIERS, CONTRACTORS, SUBCONTRACTORS, SERVICE PROVIDERS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS, COSTS, DEMANDS, LIABILITIES, OR CLAIMS INCLUDING REASONABLE ATTORNEY’S FEES TO THE EXTENT ALLOWED BY LAW, ARISING OUT OF: (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD-PARTY; OR (B) YOUR USE OR MISUSE OF THE SITE.
14. GOVERNING LAW
These Terms, and all actions contemplated by these Terms will be governed by the laws of the State of California, without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, for all disputes arising out of or relating to using the Services. Access to or use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No partnership, joint venture, employment or agency relationship exists between you and us as a result of these Terms or use of the Services.
15. COPYRIGHT AND COMPLIANCE WITH THE DIGITAL MILLENIUM COPYRIGHT ACT (“The DMCA”)
© Carmar Denim, Inc. 2014, all rights reserved.
If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) an identification of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on or through our Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Pursuant to Title 17, United States Code, Section 512 (the DMCA), notifications of claimed copyright infringement should be sent to Carmar Denim’s Agent set forth below. All inquiries must be filed in accordance with the DMCA.
16. TRADEMARKS AND THIRD-PARTY TRADEMARKS
CARMAR, CARMAR DENIM™, CAR MAR, CAR MAR DENIM and all other related names, words, letters, places, phrases, logos, graphics, products and service names, designs, trade dress, packaging, look and feel, décor, product shapes, configurations, distinctive sources, sounds, scents, and slogans are registered or unregistered trademarks of Carmar Denim, Inc. This site may contain third-party trademarks. You are not granted any right or license with respect to our trademarks without express written consent, or the trademarks of third-parties.
YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ THIS AGREEMENT, UNDERSTAND IT, AND IT IS YOUR INTENTION THAT YOU WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE ENTIRE, COMPLETE, AND EXCLUSIVE STATEMENT AND INTENTION OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION OR AGREEMENT BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ANY AMBIGUITIES IN THE INTERPRETATION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST THE DRAFTER.