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Terms of use
TERMS & CONDITIONS:
Onestop Internet, Inc. ("Onestop") operates this web site
(the "Web Site") pursuant to agreements with Apparel Ltd. and Onestop are hereinafter referred
to as "we" or "us".
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL
ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT
ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
* Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted
on this Web Site are subject to change at any time without notice.
Certain weights, measures and similar descriptions are approximate
and are provided for convenience purposes only. We make all reasonable
efforts to accurately display the attributes of our products, including
the applicable colors; however, the actual color you see will depend
on your computer system and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products
or services in this Web Site at a particular time does not imply
or warrant that these products or services will be available at
any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum
age requirements) in regard to the possession, use and sale of any
item purchased from this Web Site. By placing an order, you represent
that the products ordered will be used only in a lawful manner.
* Shipping Limitations When an order is placed, it will be shipping
to an address designated by the purchaser as long as that shipping
address is compliant with the shipping restrictions contained on
this Web Site. All purchases from this Web Site are made pursuant
to a shipment contract. As a result, risk of loss and title for
items purchased from this Web Site pass to you upon delivery of
the items to the carrier. You are responsible for filing any claims
with carriers for damaged and/or lost shipments.
* Accuracy of Information. We attempt to ensure that information
on this Web Site is complete, accurate and current. Despite our
efforts, the information on this Web Site may occasionally be inaccurate,
incomplete or out of date. We make no representation as to the completeness,
accuracy or currentness of any information on this Web Site. For
example, products included on the Web Site may be unavailable, may
have different attributes than those listed, or may actually carry
a different price than that stated on the Web Site. In addition,
we may make changes in information about price and availability
without notice. While it is our practice to confirm orders by email,
the receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a
product or service. We reserve the right, without prior notice,
to limit the order quantity on any product or service and/or to
refuse service to any customer. We also may require verification
of information prior to the acceptance and/or shipment of any order.
* Use of this Web Site. The Web Site design and all text, graphics,
information, content, and other material displayed on or that can
be downloaded from this Web Site are either the property of, or
used with permission by, Apparel Ltd. and/or Onestop and are protected
by copyright, trademark and other laws and may not be used except
as permitted in these Terms and Conditions or with the prior written
permission of the owner of such material. You may not modify the
information or materials located on this Web Site in any way or
reproduce or publicly display, perform, or distribute or otherwise
use any such materials for any public or commercial purpose. Any
unauthorized use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and publicity, and
other laws and regulations. You are responsible for maintaining
the confidentiality of your account information and password and
for restricting access to such information and to your computer.
You agree to accept responsibility for all activities that occur
under your account or password.
* Trademarks. Certain trademarks, trade names, service marks and
logos used or displayed on this Web Site are registered and unregistered
trademarks, trade names and service marks of us and our affiliates.
Other trademarks, trade names and service marks used or displayed
on this Web Site are the registered and unregistered trademarks,
trade names and service marks of their respective owners. Nothing
contained on this Web Site grants or should be construed as granting,
by implication, estoppel, or otherwise, any license or right to
use any trademarks, trade names, service marks or logos displayed
on this Web Site without our written permission or the written permission
of such third party owner.
* Linking to this Web Site. Creating or maintaining any link from
another Web site to any page on this Web Site without our prior
written permission is prohibited. Running or displaying this Web
Site or any material displayed on this Web Site in frames or through
similar means on another Web site without our prior written permission
is prohibited. Any permitted links to this Web Site must comply
will all applicable laws, rule and regulations.
* Third Party Links. From time to time, this Web Site may contain
links to Web sites that are not owned, operated or controlled by
us or our affiliates. All such links are provided solely as a convenience
to you. If you use these links, you will leave this Web Site. Neither
we nor any of our affiliates are responsible for any content, materials
or other information located on or accessible from any other Web
site. Neither we nor any of our affiliates endorse, guarantee, or
make any representations or warranties regarding any other Web site,
or any content, materials or other information located or accessible
from such Web sites, or the results that you may obtain from using
such Web sites. If you decide to access any other Web site linked
to or from this Web Site, you do so entirely at your own risk.
* Inappropriate Material. You are prohibited from posting or transmitting
any unlawful, threatening, defamatory, libelous, obscene, pornographic
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense or give rise
to civil liability, or otherwise violate any law. In addition to
any remedies that we may have at law or in equity, if we reasonably
determine that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we reasonably deem necessary
to cure or prevent the violation, including without limitation,
the immediate removal from this Web Site of the related materials.
We will fully cooperate with any law enforcement authorities or
court order or subpoena requesting or directing us to disclose the
identity of anyone posting such materials.
* User Information. Other than personally identifiable information,
which is subject to this Web Site's Privacy Policy, any material,
information, suggestions, ideas, concepts, know-how, techniques,
questions, comments or other communication you transmit or post
to this Web Site in any manner ("User Communications")
is and will be considered non-confidential and non-proprietary.
We, each of our affiliates and/or our designees may use any or all
User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner
whatsoever for any or all commercial or non-commercial purposes.
We may, but are not obligated to, monitor or review any User Communications.
We shall have no obligation to use, return, review, or respond to
any User Communications. We will have no liability related to the
content of any such User Communications, whether or not arising
under the laws of copyright, libel, privacy, obscenity, or otherwise.
We retain the right to remove any or all User Communications that
includes any material we deem inappropriate or unacceptable.
* DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS
AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT
THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR
THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH
THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR
AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH
MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE
ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES
WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON
OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL
TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
* LIMITATIONS OF LIABILITY. We assume no responsibility, and shall
not be liable for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property caused
by or arising from your access to, use of, or browsing this Web
Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS,
ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY
FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE
USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY
WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION
OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT,
YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU
HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR
SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR
SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH
PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES
POSTED ON THIS WEB SITE.
* Revisions to these Terms and Conditions. We may revise these Terms
and Conditions at any time and from time to time by updating this
posting. You should visit this page from time to time to review
the then current Terms and Conditions because they are binding on
you. Certain provisions of these Terms and Conditions may be superseded
by expressly designated legal notices or terms located on particular
pages at this Web Site.
* Choice of Law; Jurisdiction. These Terms and Conditions supersede
any other agreement between you and us to the extent necessary to
resolve any inconsistency or ambiguity between them. These Terms
and Conditions will be governed by and construed in accordance with
the laws of the State of New York, without giving effect to any
principles of conflicts of laws. A printed version of these Terms
and Conditions shall be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
* Termination. You or we may suspend or terminate your account or
your use of this Web Site at any time, for any reason or for no
reason. You are personally liable for any orders that you place
or charges that you incur prior to termination. We reserve the right
to change, suspend, or discontinue all or any aspect of this Web
Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing
Terms and Conditions or if you have any questions or comments, we
invite you to call our Customer
Service Department.
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Welcome. We provide this Site
as a service to our customers. Please review the following basic
rules that govern your use of our Site (the "Agreement").
Please note that your use of our Site constitutes your agreement
to follow and be bound by these terms. If you do not agree to
these terms, please do not use this Site.
Although you may "bookmark" a particular portion of
this Site and thereby bypass this Agreement, your use of this
Site still binds you to the terms. Since we may
revise this Agreement at any time, you should visit this page
periodically to review the terms of your use.
SITE CONTENTS
Occasionally there may be information on dickiesgirl.com that
contains typographical errors, inaccuracies, or omissions that
may relate to product descriptions, pricing, and availability.
We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update information at any time without
prior notice (including after you have submitted your order).
We apologize for any inconvenience this may cause you.
Unless otherwise noted, all materials, including
images, illustrations, designs, icons, photographs, video clips,
and written and other materials that are part of this Site
(collectively, the "Contents") are copyrights, trademarks,
trade and/or other intellectual property owned, controlled,
or licensed by Apparel Ltd.. The Site as a whole is protected
by copyright and trade dress, all worldwide rights, titles,
and interests in and to which are owned by Apparel Ltd..
This Site and all its Contents are intended
solely for personal, non-commercial use. You may download or
copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title, or
interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You
may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from,
sell or participate in any sale of, or exploit in any way,
in whole, or in part any of the Contents, the Site, or related
software.
TAX ON ORDERS PLACED
ONLINE
If the destination state collects sales tax, we will collect
that tax on your order. The legal definition of "nexus" -
the "presence" of a company in a certain state - means
that the presence of a Dickies® Girl dealer in a state is enough
for a state to collect sales tax; We remit this
money to the proper state.
USER COMMENTS, MATERIALS,
FEEDBACK, AND POSTCARDS
It is our company policy not to accept or
consider unsolicited creative ideas, suggestions, materials,
or business proposals from persons or entities outside our company.
If at our request you send certain specific submissions (for
example, a photograph, or story), or if despite our request that
you not send us unsolicited creative materials, you send us other
suggestions, comments, feedback, ideas, postcards, opinions,
concepts, graphics, text, drawings, or other materials (all of
the foregoing, collectively, the "Materials"), all
such Materials, submitted or offered to us on or
by this Site or otherwise disclosed, submitted, or offered in
connection with your use of this Site shall be and remainour’ property.
Such disclosure, submission, or offer of any Materials shall
constitute an assignment to us of all worldwide
rights, titles, and interests in all copyrights and other intellectual
properties in the Materials. Thus, we will own exclusively
all such rights, titles, and interests and shall not be limited
in any way in its use, commercial or otherwise, of any Materials.
We shall be under no obligation (1) to maintain
any Materials in confidence; (2) to pay to the user any compensation
for any Materials; or (3) to respond to any user Materials.
You agree that no Materials submitted by you
to the Site will violate any right of any third party, including
copyright, trademark, privacy or other personal or proprietary
right(s). You further agree that no Comments submitted by you
to the Site will be or contain libelous or otherwise unlawful,
abusive, or obscene material. You are and shall remain solely
responsible for the content of any Materials you submit.
PRODUCT INFORMATION
Products displayed on dickiesgirl.com are available in select
Dickies® Girl stores in the United States. The prices displayed
on the Site are quoted in U.S. dollars and are valid and effective
only in the U.S. and are subject to change at any time.
COLORS
We have made every effort to display as accurately as possible
the colors of our products that appear on our Site. However,
as the actual colors you see will depend on your monitor, we
cannot guarantee that your monitor's display of any color will
be accurate.
LINKS TO OTHER WEB
SITES AND SERVICES
This Site may contain links to other websites that are not under
our control. We have no responsibility
for the linked websites, nor does it necessarily endorse the
linked websites. We provide the links solely for
the convenience and information of our Site users.
DISCLAIMER
WE PROVIDE THE MATERIALS ON THIS SITE "AS
IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY. WE EXPRESSLY DISCLAIM
ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH
WE MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT
NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE
IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS
SITE. YOU FURTHER ACKNOWLEDGE THAT Dickies Girl SHALL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF
THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless
from and against any and all claims, damages, costs, and expenses,
including attorneys' fees, arising from or related to your use
of the Site, your breach of these Terms of Use, and/or any of
the foregoing agreements, representations, and warranties.
MISCELLANEOUS
Unless otherwise specified, this Site and the Contents thereof
are displayed solely for the purpose of promoting products
and services provided by us available in the United
States.
This Agreement shall be construed in accordance
with the laws of the State of California, without regard to
any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by the state and/or
federal courts. The waiver of any provision of these Terms
of Use shall not be considered a waiver of any other provision
or of our right to later require strict
observance of each of the terms herein. If any provision of
these Terms of Use is found to be unenforceable or invalid
for any reason, that provision shall be severable and all other
provisions shall remain in full force and effect. This constitutes
the entire agreement between us relating to your use of the
Site and shall not be modified except in a writing signed by
both parties.
TERMINATION
These terms are effective unless and until terminated by either
you or us. You may terminate this Agreement at
any time. We also may terminate this Agreement
at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in our sole
discretion you fail to comply with any term or provision of
this Agreement. Upon any termination of the Agreement by either
you or us , you must immediately discontinue use
of this Site and promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies
of such materials, whether made under the terms of use or otherwise.
Note that certain provisions of this Agreement (Site Contents;
User Comments, Materials, Feedback, and Postcards; Disclaimer;
and Indemnity) will survive termination.
INFORMATION WE COLLECT
We do not share information about you with other companies. We
automatically collect your IP address, but not your email address,
when you visit our site. We use your IP address to help diagnose
problems with our server, and to administer our Web site.
We collect your contact information (like email
address) and financial information (like credit card numbers).
Contact information from the order form is used to send orders
and information about our company to you. Financial information
that is collected is used to bill you for products and services.
HOW WE USE YOUR INFORMATION
We use your mailing address to ship your products to you, and
to verify your billing information. We do not share our customer
names, mailing addresses or email addresses with anyone outside
of our company. HOW TO CONTACT US
ABOUT YOUR PRIVACY
If you have any questions about our privacy statement, the practices
of this site, or your dealings with our Web site, you can contact Dickies® Girl
Online Customer Service . |
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