General. This Site is owned and operated by Road Apparel, LLC ("Road", "we" "us" "our").
Changes to Terms and to Site. Road reserves the right to revise these Terms in its sole discretion at any time. The effective date of these Terms (and any updated Terms) is set forth at the end of these Terms. We will place a notice on the home page of the Site for thirty days after we make any material change to these Terms. Please revisit this page and the Terms periodically to be sure you agree with the Terms applicable to your use of the Site. Such changes are effective upon posting to this Site. If you do not agree with the Terms or any changes made to such Terms, your sole remedy is not to use the Site further after the date the change was first posted on the Site. Your continued use after a change to the Terms has been posted constitutes your acceptance of the Terms as changed. We also reserve the right to change the Site, its operations, services, and content at any time without notice.
Site Security. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We may investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other Prohibited Activities. In using this Site, you must also not:
- Send or otherwise transmit to or through or post or submit for posting on this Site any unlawful, infringing, invasive, violative, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
- Misrepresent or endeavor to misrepresent your identity or affiliation in any way;
- Interfere with, or endeavor to interfere with, the operation of the Site or the use of the Site by other users;
- Gather and/or use, or endeavor to gather and/or use, information about other users of the Site, including, without limitation, to contact them or send them information;
- Violate any applicable laws or regulations; or
- Assist other persons to engage in any of the activities described above.
User-Submitted or Posted Information. You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through the Site or that you send to us through email, that you post to the Site, or submit to us to post on the Site ("User Content). You warrant and agree that any information you transmit to or through the Site or to us through email, post, or submit to us for posting, is truthful, accurate, not misleading, lawful, does not infringe, invade, or violate another's rights or violate these Terms, and that you have the right to transmit, send, post and submit such information. If you submit for posting, or post content or material to the Site, you grant Road an unrestricted and perpetual worldwide license to copy, modify, distribute, perform, publish and display such content.
DMCA Copyright Infringement Notice. From time to time, we may make certain portions of the Site available on which users may post information or material for other users to view and access. Road respects the intellectual property rights of others, and requires that all users who use the Site do the same, including when posting information or material to the Site. Road will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your copyright-protected work has been used, posted, or copied on the Site in a way that constitutes copyright infringement, please notify Road's Copyright Agent (at the address set forth below) in writing with the following information:
- Information reasonably sufficient to permit Road to contact you, such as your real name, address, telephone number, and, if available, an electronic email address at which you may be contacted;
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
- Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Road to locate such material, including if possible the name of such work, and where such material may be found on the Site (please be as detailed as possible so that we can find the material that you claim is infringing);
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your electronic or physical signature.
Road's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Road Apparel, LLC
14 West Roy Street
Seattle, WA 981119
Facsimile: (206) 282-4258
Copyright. The design, images, text, content and overall layout of and contained in this website (other than User Content) are the property of Road or its licensors. The Site compilation copyright is owned by Road. © Road 2008, All Rights Reserved. Except as expressly stated on the Site otherwise, no reproduction, distribution, transmission, downloading, or modification of the Site content for any purpose is permitted, without the express written prior permission of Road.
Linking to the Site. Linking to the Site requires permission (except to the home page of the Site). Requests for such authorization should be submitted via an email to firstname.lastname@example.org
Downloading Site Content. From time to time, there may be material on the Site that we permit you to download for limited purposes. In the event that we permit you to download material, we shall do so by identifying the material specifically and stating expressly with respect to such identified material (whether software, material, images, files, forms, and/or data accompanying the software or material generated by software (collectively, the "Software"), as applicable, may be downloaded. For all such Software, the license is only for your personal, noncommercial, nontransferable use, and is licensed "as is" by Road or such other companies as are indicated at the place where the download is permitted on the Site. No title to the Software is transferred and your use is solely under a license which may be terminated at any time by Road or the licensor on notice to you (which notice may be posted on the home page of the Site). All intellectual property rights in all such Software is retained by Road or the licensor. You may not redistribute, republish, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law as fair use.
Trademarks. Road and Road Apparel, LLC are service marks and trademarks of Road. All trademarks, service marks, and logos displayed on this Site, whether registered or unregistered, are the exclusive property of Road or other persons or entities where so indicated. No use may be made of any of these service marks, trademarks or logos without permission of Road or their owners.
Site Content and Information. The Site contains a variety of kinds of content, some provided by Road, some provided by Road information providers by arrangement (the "Road Information Providers"), and some by users. Any opinions, reported experiences, judgments, advice, statements, or other information, ideas or content expressed or made available by users or Road Information Providers, are those of the respective author(s) or distributor(s) and not of Road. Products and Services. From time to time, the Site may make certain products and services of Road or third parties available to you. The terms of such purchase, including return options, shipping charges, cautions, guidelines, and any warranties for such products and services, shall be described to you at the time of purchase or shall accompany delivery of the item or service. Return Policy. If within 30 days of receipt of your order you are not completely satisfied, you may return your purchase for a full refund less shipping and handling.
Credit Card Charges.
If you pay by credit card, you do grant us permission to charge all fees incurred to the credit card you provide to us. If payment cannot be charged to your credit card or if such payment is returned to us for any reason, including chargebacks, we may either suspend or terminate your account and all services offered by the Site and you will personally owe us any unpaid balance.
Passwords. From time to time, Road may provide you with passwords that enable you to visit the Site without entering redundant information, or enable you to visit special sections of the Site available only to registered members. You are responsible for keeping your password confidential and are not permitted to allow others to use it. You are responsible for all use made by anyone using your password.
Links to Other Websites. As you view this Site, you may notice links to other websites. These links are for convenience only. If you use these links, you will be leaving the Site and entering other websites. Certain of these linked websites may make use of Road's proprietary intellectual property rights (such as copyrights, trademarks, service marks, or logos) under license from Road. Road is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by us of the sites or the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
Applicable Law. These Terms will be governed by and construed in accordance with the laws of the State of Washington without application of its conflicts of laws principles. Any dispute between us and you arising out of the Site, your use or the Content of the Site or these Terms, may only be brought in the state and federal courts located in King county, Washington having jurisdiction thereof and you hereby consent to the exclusive jurisdiction of such courts and waive any objection to such venue, whether based on inconvenient forum or otherwise. Each user, to the extent permitted by law, hereby waives any right to combine its claim against Road with the claims of others or other users.
No third party beneficiary. These Terms do not create and are not intended to create any right upon which any third party may pursue claims against Road as a third party beneficiary.
No waiver. Road's failure to exercise or enforce strict performance of any provision of these Terms shall not constitute a waiver of any such provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any of these Terms.
Monitoring. Road shall have the right, but not the obligation, to monitor the content of the Site and your use of this Site to determine compliance with these Terms and any other operating rules established by Road. Road shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this Site. Without limiting the foregoing, Road shall have the right to remove any material that Road, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right of Road, users shall remain solely responsible for the content of their messages. Each user acknowledges and agrees that neither Road nor Road Information Providers shall be liable for the conduct, communications or postings of users on this Site.
Termination. Road may terminate your use of this Site, its content, services, products, online store, or any of our other services at any time. Any such termination shall not terminate application of these Terms and your obligations under these Terms with respect to your prior use of the Site, including, without limitation, the provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions and content, disclaimers, limitations of liability, indemnity, and applicable law, all of which shall survive any such termination.
- THIS SITE IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Road HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE SITE, ITS CONTENTS, OPERATION AND THE PRODUCTS, SERVICES, OFFERS AND INFORMATION CONTAINED THEREIN OR OFFERED THEREON, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY. Road DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR BUG FREE, THAT THE SITE WILL BE AVAILABLE FOR USE FOR ANY PARTICULAR PERIOD OF TIME, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND THEREFORE THE ABOVE EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU.
- Road HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, TRUTHFULNESS, COMPLETENESS, OR USEFULNESS OF ANY CONTENT OR INFORMATION ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND THEREFORE THE ABOVE EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU.
- EACH USER EXPRESSLY AGREES THAT USE OF THE SITE, THE INFORMATION CONTAINED THEREIN AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, IS AT THE USER'S SOLE RISK.
Limitations of Liability
- UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF THEIR NEGLIGENCE, SHALL Road OR ANY OF OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. OUR TOTAL LIABILITY IN ANY EVENT SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR THE USE OF THE SITE OR THE GOODS OR SERVICES PURCHASED THROUGH THE SITE THAT GAVE RISE TO THE CLAIM, AND YOU HEREBY RELEASE US, AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS, FROM ANY OBLIGATIONS, LIABILITY, AND CLAIMS IN EXCESS OF THIS LIMITED AMOUNT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- The limitations of liability contained herein apply to any damages or injury whatsoever, including any caused by any failure of Site performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or material, harm from any information, product or service, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that Road is not liable for the defamatory, harmful, invasive, infringing, offensive or illegal conduct of, or content provided by, third parties, including other users, and that the risk of injury from the foregoing rests entirely with each user.
- Road neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this Site. Under no circumstances will Road be liable for any loss or damage caused by a user's reliance on information obtained through the content and/or any postings on this Site. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through and from this website.
Indemnity. You agree to indemnify and hold harmless Road, its affiliates, and our and their respective directors, officers, employees, agents and licensors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses incurred by any of them that arise directly or indirectly out of or as a result of (i) your breach of any provision of these Terms; or (ii) your use of and activities in connection with, this Site. Road may defend any such claim itself or may require that you defend the claim with counsel approved by Road. You shall not settle or compromise any such claim without Road's prior written consent.
Children. This Site is directed at a general audience and is not directed at children under 13 years of age. Children under 13 years of age should not use this Site. Road shall terminate the privileges (passwords, for example) of anyone under 13 years of age that Road discovers is using the Site (unless required permission from their adult is secured).
Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications. The Site is intended for use by a general audience, including children as young as 13. Sexually explicit material is prohibited and by posting such material to the Site you violate these Terms and may be violating the law for the unlawful transmission of sexually explicit material to minors. Road reserves the right to report to local, national or international law enforcement agencies abuse and violations of these Terms, including, without limitation, those that may compromise the safety of Users of the Site. Nothing in these Terms shall be construed to prohibit or restrict Road from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements and legal reporting obligations relating to your use of the Site or information provided by or gathered about you in connection with use of the Site by you or others using your password.
Prices subject to change. Product and Service prices and product offers on the Site are subject to change.
Assignment. Road may assign its rights and duties under these Terms, and assign and license, as well as sublicense, its rights in the Site and your User Content, without notice to you. You may not assign your rights and obligations under these Terms.
Void Provisions. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions, Concerns and Complaints. If you have any questions, concerns or complaints regarding these Terms (other than complaints that your copyrighted material has been used on the Site without authorization, which complaint should be submitted through the DMCA Copyright Infringement Notice process set forth above in these Terms), please submit your questions, concerns or complaints via an email to email@example.com , or via a letter to Road Apparel, LLC, 14 West Roy Street, Seattle, WA 98119, Attention Webmaster. We will endeavor to respond to you promptly.