Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Four
Stone Apparel. The collective work includes works that are licensed to
Four Stone Apparel. Copyright 2003, Four Stone Apparel ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
Four Stone Apparel or purchasing Four Stone Apparel products. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Four Stone Apparel or to
purchase Four Stone Apparel products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by
Four Stone Apparel. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Four Stone Apparel used in
the site are trademarks or registered trademarks of Four Stone Apparel.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Four Stone
Apparel disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Four Stone Apparel does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that
this site or the server that makes the site available are free of
viruses or other harmful components. Four Stone Apparel does not make
any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may
not apply to you.
Limitation of Liability
Four
Stone Apparel shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Four
Stone Apparel has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors
In
the event that a Four Stone Apparel product is mistakenly listed at an
incorrect price, Four Stone Apparel reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. Four
Stone Apparel reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Four Stone Apparel shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Four Stone
Apparel without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Four
Stone Apparel may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Four Stone Apparel.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Four Stone Apparel
products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of Four
Stone Apparel products) must be commenced within one (1) year after the
claim or cause of action arises. Four Stone Apparel's failure to insist
upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Four Stone
Apparel may assign its rights and duties under this Agreement to any
party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Four Stone Apparel or other licensed employee,
host, or representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other
organization.
Participation Disclaimer
Four
Stone Apparel does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Four Stone
Apparel is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents
or activities on the site. However, Four Stone Apparel reserves the
right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Four Stone Apparel in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Four Stone Apparel, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an
attempt to provide increased value to our visitors, Four Stone Apparel
may link to sites operated by third parties. However, even if the third
party is affiliated with Four Stone Apparel, Four Stone Apparel has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of Four Stone Apparel. These
linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, Four Stone Apparel seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).