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
Copyright © 2009 Bill's Urban Wear. All rights reserved. The
material on this site may not be reproduced and may not be distributed,
publicly performed, proxy cached on AOL or otherwise used, except with
the prior express permission of Bill's Urban Wear (alternatively
referred to as "Bill's," "Urban Wear by Bill," or "Us").
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, Bill's disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and
non-infringement. Bill's Urban Wear 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. Bill's Urban Wear 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
Bill's Urban Wear 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 Bill's
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 product is mistakenly listed at an
incorrect price, Bill's reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. Bill's Urban Wear 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 canceled, Bill's 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 us
without notice at any time, for any reason. The provisions listed herein shall survive any termination.
Notice
We 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 us.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of Oklahoma, 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 Bill's Urban Wear products) shall be in Oklahoma. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Bill's Urban Wear products) must be commenced within one
(1) year after the claim or cause of action arises. Our 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. Bill's Urban Wear 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 Bill's Urban Wear 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
Bill's Urban Wear 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, Bill's 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, Bill's Urban Wear 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 Bill's Urban Wear in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Bill's Urban Wear, 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, Bill's Urban Wear may link to sites operated by third parties. However, even if the
third party is affiliated with us, we have
no control over these linked sites, all of which have separate privacy
and data collection practices, independent of Bill's. These
linked sites are only for your convenience and therefore you access
them at your own risk. Nonetheless, Bill's Urban Wear 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).
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