|
 Terms of Use
1. terms of use
Welcome to the Rock Cherry Clothing Website. Please
review the following that govern your use of our Site ("Terms of
Use"). Your continued use of our Website constitutes your agreement
to follow and be bound by the Terms of Use.
2. definitions
www.rockcherryclothing.com is the
interactive online services operated by The Rock Cherry Clothing Establishment
on the World Wide Web of the Internet.
Our postal address is:
Rock Cherry Clothing
11210 Patridge
Dr.
Houston, TX 77070
We can be reached via e-mail at information@rockcherryclothing.com
3. general
As we continue to develop our Websites,
we may from time to time, modify, alter or update these Terms of
Use. Your use of our Websites following any such change constitutes
your agreement to follow and be bound by the Terms of Use as
changed. We therefore encourage you to refer to these Terms of Use
on an ongoing basis.
4. site contents
Unless otherwise noted, the
design of this Websites, the Websites as a whole, and all materials,
including images, illustrations, and designs, that are part of the
Websites (collectively, "Contents") are copyrights, trademarks,
trade dress and / or other intellectual properties owned,
controlled, or licensed by Rock Cherry Clothing. The Contents of our Websites
are intended solely for personal, noncommercial use by the users of
our Websites. You may download or copy the Contents displayed on our
Websites for your personal, noncommercial use only so long as your
copy retains any copyright and trademark notices appearing on our
Websites. No right, title, or interest in any downloaded materials
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 or the Websites.
5. colors
We have made every effort to display as
accurately as possible the colors of our products that appear at the
Websites. However, since the actual color you see will depend on
your monitor, we can not guarantee that your monitor’s display of
any color will be accurate.
6. comments, feedback and other
submissions
We welcome your comments and feedback
regarding our Websites, our products, and our services. We do not,
however, accept confidential or proprietary information.
Accordingly, all comments, feedback, ideas, suggestions disclosed,
submitted or offered to Rock Cherry Clothing using this Websites or otherwise
(collectively, "Comments"), are not confidential and will become and
remain Rock Cherry Clothing's property. The disclosure, submission or offer of
any Comments constitutes an assignment to Rock Cherry Clothing of all worldwide
rights, titles and interests and goodwill in the Comments without
payment of any compensation. Comments submitted by you must not
violate any right of any third party, and must not contain any
libelous, abusive, obscene or otherwise unlawful material.
7. user conduct
The Company Websites shall be used for
lawful purposes only. Any conduct by you that in Rock Cherry Clothing’s
discretion restricts or inhibits any other user from enjoying this
Websites will not be permitted.
8. disclaimer, limitation of liability,
and indemnity
This site and all contents of the site
are provided on an "as is" basis without warranties of any kind,
either express or implied, including without limitation warranties
of title or implied warranties of merchantability or fitness for a
particular purpose. Rock Cherry Clothing does not warrant that your use of this
site will be uninterrupted or error free, or that this site or its
server are free of viruses or other harmful elements. Your use of
this site is at your sole risk. You assume full responsibility for
all costs associated with all necessary servicing or repairs of any
equipment that you use in connection with your use of our site.
Rock Cherry Clothing shall not be liable for any damages of any kind related to
your use of this site. Although Rock Cherry Clothing endeavors to provide
accurate information, it does not warrant or make any
representations regarding the accuracy or reliability of information
on this site. Neither Rock Cherry Clothing nor its related entities or its
vendors or content providers shall be liable to any person or entity
for any direct or indirect loss, damage (whether actual,
consequential, punitive, special or otherwise), injury, claim, or
liability of any kind or character whatsoever based upon or
resulting from your use or inability to use this site, or any
information or materials provided on the site. Rock Cherry Clothing is not
liable for any defamatory, offensive or illegal conduct of any user.
If you are dissatisfied with the site or with any of Rock Cherry Clothing's
terms of use, your sole and exclusive remedy is to discontinue using
the site. You agree to indemnify, defend, and hold harmless Rock Cherry
Clothing, its officers, directors, employees, agents, distributors,
vendors and related entities from and against any and all third
party claims, demands, liabilities, costs or expenses, including
reasonable attorney’s fees, resulting or arising out of your breach
of any of these terms of use.
9. termination
These Terms of Use constitute an
Agreement which is effective unless and until terminated by either
you or Rock Cherry Clothing. You may terminate this agreement at any time by
e-mailing information@rockcherryclothing.com.
Rock Cherry Clothing may also terminate this agreement at
any time and may do so immediately without notice, and accordingly
deny you access to this Websites, if in Rock Cherry Clothing’s sole discretion,
you fail to comply with any term or provision in this Agreement.
Upon any termination of this agreement, you must promptly destroy
all materials downloaded or otherwise obtained from this Websites,
as well as copies of such materials. These Terms of Use constitute
the entire Agreement between you and Rock Cherry Clothing relating to the
subject matter addressed herein.
10. severability
You agree that the terms of this
Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remaining terms of the
Agreement will remain in full force and effect. Additionally, should
either party terminate this Agreement, sections 1, 2, 4, 7, 10, and
11 of this Agreement shall remain in full force and survive the
termination of this agreement.
11. Applicable law
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 federal
courts located in Austin, Texas. For further
information, please click here to view our privacy statement.
|
