ONLINE
TERMS OF USE
THE TERMS AND CONDITIONS
SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE
LOCATED AT WWW.BESTDEALAPPAREL.COM ON THE WORLD WIDE
WEB (THE "SITE") OF BEST DEAL APPAREL,
AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION
CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE
YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Disclaimer of
Warranty
We at BestDealApprel.com
do not claim to be an authorized agent or distributor of any of our
designer products offered in our web site. All brands are registered
trademarks of their companies. BestDealApprel.com
is an independent surplus wholesaler
NOT SPONSORED/ENDORSED/COTRACTED OR AFFILIATED by
any of the companies whos products you view on our site.
We do not GUARANTEE authenticity of any products posted. You the customer
must be fully aware by buying our merchandise, that you are taking
the risk involved. The only way to secure your self of authenticity
of any product is to purchase directly from the authorized distribution
channel of the brand company.
Therefore, you agree to the above conditions that by placing an order
with us you are fully aware of the risks involved and thereby YOU
HAVE RELEASED BestDealApprel.com
FROM ANY AND ALL LIABILITY REGARDING THIS MATTER.
The products in our website do not come with paperwork that may be
required by the customs in your country in order to clear the goods,
nor do they come with proof of authenticity. Therefore by ordering
from us, you are fully aware and accept the above conditions and risks
and release BestDealApprel.com
from all liability should your order be seized by your country's customs
bureau.
We strongly suggest that you find a reliable customs broker in your
country that can help you bring items into your country.
You acknowledge and agree that this Site may include certain errors,
omissions, outdated information which may affect the quality of
the Materials and the Third Party Content. You acknowledge that
neither the Materials nor the Third Party Content have been independently
verified or authenticated in whole or in part by BestDealApprel.com,
and agree that BestDealApprel.com does not warrant
the accuracy or timeliness of the Materials or the Third Party Content,
and further agree that BestDealApprel.com has no
liability for any errors or omissions in the Materials and the Third
Party Content, whether provided by BestDealApprel.com or
its licensors.
General Use Restrictions
All information, documents, products, software and services provided
on this Site, including trademarks, logos, graphics and images (collectively
the "Materials") are provided to you by BestDealApprel.com
BestDealApprel.com
grants you the limited right to display the Materials only on your
personal computer, and to copy and download the Materials displayed
on this Site, provided that: (1) both theBestDealApprel.com
copyright notice and the permission notice set forth in this paragraph
appear in the Materials so displayed, copied or downloaded and (2)
such display, copy or download is solely for your personal or internal
informational use (that is, not distributed or otherwise transmitted
outside of your home or company, or otherwise broadcast in any media).
You acknowledge and agree that you have no right to modify, edit,
alter, distribute, publicly perform, display or enhance any of the
Materials in any manner. This limited license terminates automatically,
without notice to you, if you breach any of these Terms. Upon termination
of this limited license, you agree to immediately destroy any downloaded
and printed Materials.
Except as stated herein, you acknowledge that you have no right,
title or interest in or to the Materials, on any legal basis, without
the advance written authorization of BestDealApprel.com.
Third Party Content
Certain information and content on this Site may be provided by
third parties to BestDealApprel.com (“Third
Party Content”). The Third Party Content is, in each case,
the copyrighted work of the creator/licensor, and may be subject
to the separate and/or additional terms of use and/or privacy policies
of such third parties. Please contact the appropriate third party
for further information regarding such terms. BestDealApprel.com
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY
CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
No Framing
You agree not to “frame” or “mirror” any
Materials or Third Party Content contained on or accessible from
this Site on any other server or Internet-based device without the
advance written authorization of BestDealApprel.com
or its licensors, respectively.
Third Party Interaction
In your use of the Site, you may enter into correspondence with,
purchase goods and/or services, or participate in promotions of
advertisers or members or sponsors showing their goods and/or services
on or advertised through the Site. Unless otherwise stated, any
such correspondence, purchase or promotion, including the delivery
of and the payment for goods and/or services, and any other term,
condition, warranty or representation associated with such correspondence,
purchase or promotion, is solely between you and the applicable
third party. You agree that BestDealApprel.com
has no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third party.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or
Internet which are not under the control of or maintained by BestDealApprel.com.
Such links do not constitute an endorsement by BestDealApprel.com
of those sites. You acknowledge that BestDealApprel.com
is providing these links to you only as a convenience, and further
agree that BestDealApprel.com is not responsible
for the content of such sites. Your use of other sites is subject
to the terms of use and privacy policies located on the linked sites.
Restricted Areas of the Site
Certain functions of the Site are restricted to authorized users
or require you to provide personal information (“Restricted
Areas”). If you are an authorized user of the Restricted Areas,
you agree that you are entirely responsible for maintaining the
confidentiality of your password or your employees’ passwords
and account information, if any, and agree to notifyBestDealApprel.com
if the password is lost, stolen, disclosed to an unauthorized third
party, or otherwise may have been compromised. You agree that you
are entirely responsible for any and all activities which occur
under your account, including any fees which may be incurred under
your password-protected account, whether or not you are the individual
who undertakes such activities. You agree to immediately notify
BestDealApprel.com of any unauthorized use of your
account or any other breach of security in relation to the Site
known to you.
Privacy Policy
Your use of the Site it governed by the BestDealApprel.com
Privacy Policy which is available at the Privacy Policy and incorporated
by reference into these terms.
Unauthorized Activities
You acknowledge that your unauthorized use of any Materials or Third
Party Content contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, certain communications
statutes and regulations and other applicable laws and regulations,
and agree that you are wholly responsible for your actions or the
actions of any person using your screen name and/or password. As
such, you agree to hold BestDealApprel.com entirely
harmless from and against any and all costs, damages, liabilities
and expenses (including attorneys’ fees) incurred by BestDealApprel.com
in relation to, arising from or for the purpose of avoiding any
claim or demand from a third party that your use of the Site or
the use of the Site by any person using your screen name and/or
password (including without limitation your participation in any
chat rooms) violates any applicable law or regulation, or the rights
of any third party.
Trademarks
All BestDealApprel.com trademarks, marks, names,
service marks and logos are the property of BestDealApprel.com
and their respective owners.
Copyrights and Copyright Agents
All information and screens appearing on this Site including documents,
products, software and services, graphics, text elements, Site design,
logos, images, and icons, as well as the selection, assembly, and
arrangement thereof, are the sole property of BestDealApprel.com
Copyright © 2003, unless otherwise specified. All
rights not expressly granted herein are reserved. Except as otherwise
required by applicable law, any reproduction, distribution, modification,
retransmission or publication of any copyrighted material is strictly
prohibited without the express written consent of the copyright
owner.
BestDealApprel.com RESPECTS THE INTELLECTUAL PROPERTY
OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT
YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES
COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE
THE FOLLOWING INFORMATION TO BestDealApprel.com
COPYRIGHT AGENT:
-
an electronic or
physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
-
a description of
the copyrighted work that you claim has been infringed;
-
a description of
where the material that you claim is infringing is located on
the site;
your address, telephone number, and email address;
-
a statement by
you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
(f) 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.
BestDealApprel.com, FOR ITSELF AND EACH OF ITS
LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS
TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING, WITHOUT
LIMITATION, THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE
EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE
IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS”
BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BestDealApprel.com
SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH
YOU FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR
DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION, OR MATERIAL
OR THIRD PARTY CONTENT CONTAINED ON THE SITE. IN NO EVENT SHALL
BestDealApprel.com BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER
FOR BREACH OR IN TORT, EVEN IF BestDealApprel.com
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The aggregate liability
of the Company to you for all claims arising from the Web Site and/or
the use of the Materials or Products is limited to $50.
Additional Rights
Certain jurisdictions do not allow the exclusion of implied warranties
or limitation of liability for incidental or consequential damages,
so the exclusions set forth above may not apply to you.
Local Laws
BestDealApprel.com controls and operates this Site
from its headquarters in the United States of America and makes
no representation that the Materials are appropriate or will be
available for use in other locations. If you use this Site from
outside the United States of America, you are entirely responsible
for compliance with applicable local laws, including but not limited
to the export and import regulations of other countries in relation
to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional
materials found on this Site are solely directed to individuals,
companies or other entities located in the United States.
General
If you violate these Terms, BestDealApprel.com
reserves the right to terminate your ability to use the Site without
notice. In addition, you agree to terminate your use of the Site
upon request. BestDealApprel.com preferred course
of action is to advise you of your inappropriate behavior and recommend
any necessary corrective action.
You agree that BestDealApprel.com can revise these
Terms at any time without notice by updating this posting on the
Site. You agree that your continued use of the Site after such modifications
have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California
law and controlling U.S. federal law, without regard to the choice
or conflicts of law provisions of any jurisdiction. You agree to
submit to the jurisdiction of the courts located in the State of
California, for the resolution of all disputes arising from or related
to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect the intentions of
the parties, with all other provisions remaining in full force and
effect. The failure of BestDealApprel.com to enforce
any right or provision in these Terms shall not constitute a waiver
of such right or provision unless acknowledged and agreed to by
BestDealApprel.com in writing. The Terms comprises
the entire agreement between you and BestDealApprel.com
and supersede all prior or contemporaneous negotiations, discussions
or agreements, if any, between the parties regarding the subject
matter contained herein.
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