Designer Apparel Commerce, LLC ("Designer Apparel") provides this website and related services subject to your compliance with the terms and conditions set forth herein (this "User Agreement"). By using this website and/or any Designer Apparel services, you agree that you had read and understand these terms and conditions and that you agree to follow and be bound by this User Agreement.
Website Content; Intellectual Property Rights: All content and materials included or available on this website, including site design, text, graphics, interfaces and the selection and arrangements thereof, is the property of Designer Apparel and/or third party affiliates or licensors. As between Designer Apparel and you, Designer Apparel is the sole owner of all such content and materials, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, trade secrets and other intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this website and emails for personal, non-commercial purposes only. Any other use of materials on this website or the email services, including reproduction for purposes other than those noted above, modification, distribution or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Designer Apparel, is strictly prohibited. All title and intellectual property rights in and to the content of any third party website is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
You acknowledge that third party product and service providers advertise their products and services on this website. Designer Apparel may form "partnerships" or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Designer Apparel making any representation or warranty regarding any third party's products or services, nor will Designer Apparel be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Designer Apparel with respect to third party products and services, to the maximum extent permitted by law.
Email Transmissions: When you send Designer Apparel an electronic mail transmission, the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. Designer Apparel cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information not submitted over a secure server.
Contests, Promotions, Simulations or Games: From time to time, Designer Apparel may offer as part of its services, either on or through this website, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration or entry form. Upon submission, all registrations become the exclusive property of Designer Apparel. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Designer Apparel, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release Designer Apparel and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, this website. Designer Apparel is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on this website, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Designer Apparel is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
Designer Apparel reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.
Disclaimer of Warranties; Limited Liability: Designer Apparel shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on this website, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on this website or through emails from Designer Apparel. This website, including all information, services, products and materials contained on this website or available through our other services, including, without limitation, all text, graphics and links, is provided on an "AS-IS" basis, with no representations or warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, as well as representations and warranties of title, freedom from computer viruses and other operating problems, and implied warranties arising from course of dealing or course of performance. To the maximum extent permitted by law, Designer Apparel disclaims all such representations and warranties. You assume complete responsibility and risk for use of this website and any and all site-related services.
In addition, since Designer Apparel cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, Designer Apparel does not represent or warrant that the information accessible via this website, Designer Apparel email or other services is always accurate, complete or current, and Designer Apparel shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available via this website or through our other Designer Apparel services. Due to the dynamic nature of online shopping, all information regarding such matters, including quoted prices, is subject to change without notice.
In no event shall Designer Apparel, or any of its employees, officers, members, managers, agents, representatives or affiliates (collectively, the "Designer Apparel Parties"), be liable, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products and materials available from this website or through Designer Apparel's other services in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more Designer Apparel Parties is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate. By using the services on this website, you agree that this is a fair allocation of risk based upon the manner and cost by which Designer Apparel's services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. Furthermore, neither Designer Apparel, nor any of its employees, officers, members, managers, agents, representatives or affiliates, shall be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages or ANY lost or imputed profits or royalties, arising out of or relating in any way to this website, site-related services and/or content or information contained within the website, or any goods or services provided, whether liability is asserted in contract, tort or any other theory, and irrespective of whether Designer Apparel has been advised of the possibility of any such loss or damage.
Indemnification: By using this website or any other Designer Apparel services, you agree to defend, indemnify and hold the Designer Apparel Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of this website or such services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of this User Agreement by you. Designer Apparel reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Designer Apparel in asserting any available defense.
Changes to Terms and Conditions: Designer Apparel, in its sole discretion, may choose to change the terms, conditions and operation of this website at anytime and without advance notice. By using this website or the service on this website, you waive any rights or claims you may have against any of the Designer Apparel Parties in connection with any such change.
Governing Law and Other Miscellaneous Terms: The designerapparel.com website and other services are operated and provided in the State of California in the United States of America. Designer Apparel is therefore subject to the laws of the State of California, and the laws of the State of California will govern this User Agreement, without giving effect to any choice of law rules. Designer Apparel makes no representation that this website or other services are appropriate, legal or available for use in other jurisdictions. Accordingly, if you choose to access this website or other services, you agree to do so subject to the internal laws of the State of California. You are in the best position to know whether your use of this website or other services may be prohibited or restricted by local laws in your location, and therefore you are responsible for compliance with any such laws. In addition, by using this website or any of its services, you submit to the exclusive jurisdiction of the State of California and federal courts having jurisdiction in the City and County of San Francisco, State of California, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
This User Agreement is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that this User Agreement and any other agreements referenced herein may be assigned by Designer Apparel in its sole discretion to a third party in the event of its acquisition by SUCH third party. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation in any other program or service offered by Designer Apparel.
Inquiries: If you have any inquiries regarding this User Agreement or this website in general, please contact us at firstname.lastname@example.org