As used in this Agreement, the words "We" and "Our" refer to the owner and sponsor of this Site. The word "You" means the individual or entity accessing this Site and acknowledging the Terms and Conditions ("Terms") which govern the use of any Web site displaying these Terms, including the following ("Sites"):
By your using Our Sites, You are conclusively agreeing to each and all of the Terms set out in this Agreement and You understand, acknowledge, and agree that We are relying upon your acceptance of the Terms in allowing You to use the Sites. The Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement You may have with Us for products, services, or otherwise
We may modify, alter, or update these Terms at any time. Access and use of the Sites, including any the information, materials, products and services available through the Sites are subject to all applicable laws and regulations and to these Terms. You accept, without limitation or qualification, these Terms by accessing, browsing, and shopping at the Sites. These Terms are a legally binding agreement which become effective upon your accessing any Site. If You do not agree, please leave these Sites. If the Terms are changed, We will post the new terms on the Site. Any changes or modification will be effective upon posting of the Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms.
License and Site Access
We grant You a limited license to make personal use only of the Site. This license does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification of the Site materials; (c) copying, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials in any form or by any means; (d) the collection and use of any product listings or descriptions; (e) use of any data mining, bots, spiders, automated tools or similar data gathering on the Site or to collect any information from the Site or any other user of the Site. You may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
Any violation of the Terms will constitute an immediate termination of your license to use Our Site.
We: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site contents are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
Unless noted otherwise, the design of the Sites, the Sites as a whole, and all materials that are part of the Sites are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Us or Our affiliates. Any original content on any Site is Our property.
All product names, trademarks, service marks or other images in the Sites are used by Us with permission of the owner or are Our property. Any use of these items without Our express written permission is strictly prohibited. All other product names contained on the Sites may be trademarks or services marks of other persons or companies.
Reproduction of the Sites for any commercial purposes or for any distribution to other persons is a violation of United States Copyright law. You may not modify, publish, transmit, create derivative works, or in any other way exploit any of Our copyrighted works, trademarks, or other intellectual property without first obtaining Our written consent. You may not view, reproduce, print, or otherwise use any of the content of the Sites for anything other than your personal, informational, noncommercial use.
Comments, Feedback and other Submissions
The Sites may accept comments or feedback. We do not accept any confidential or proprietary information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Us via any of the Sites will become and remain Our sole and exclusive property. The disclosure, submission or offer of any Comments will constitute an assignment to Us of all worldwide rights, titles and interest without payment of any compensation. You must not violate any right of any third party and must not submit any libelous, abusive, obscene, or otherwise unlawful material.
We have taken reasonable steps to ensure that the information contained in this Site is accurate. However, EXCEPT AS OTHERWISE PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE, PERFORMANCE, CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES, WHICH MAY BE CONTAINED ON THE SITES OR WHICH MAY BE CLAIMED WITH RESPECT TO ANY PRODUCT ADVERTISED OR OFFERED FOR SALE, OR SOLD, FROM OR BY VIRTUE OF INFORMATION MADE AVAILABLE ON OR THROUGH THIS SITE..
Terms of Sale
Any purchase that You make on Our Sites will be governed by Terms of Sale, which are expressly incorporated in these Terms. Our Terms of Sale contain policies related to various aspects of your purchase of merchandise on Our Sites, such as shipping, returns, and other matters.
Your entire order process is executed in a Secure Environment, using a Secure Socket Layer (SSL) certificate provided by Verisign®, the industry leader in SSL security. This digitally encrypts all information You send to us. We endeavor to use the highest level of security available to Us to ensure a safe shopping experience for You.
Any information that We collect is used exclusively for our internal information. We DO NOT sell or distribute any customer information to outside parties. All transactions are handled by 3Delta and We DO NOT store any of your credit card information at any time.
Denial of Access
These Terms constitute an agreement that is effective unless and until terminated by Us. If in Our sole discretion You fail to comply with the Terms, We may deny You access to the Site. These Terms constitute the entire agreement between You and Us relating to the subject matter addressed herein.
You agree to indemnify, defend, and hold Us harmless (including Our parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of the Sites by You or anyone You authorize to use the Site on Your behalf. We reserve the right, at Our election to assume the exclusive defense and control of any matter subject to indemnification by You and You agree to cooperate with Us in connection with Our defense
By accessing any Site, you agree that the laws of the State of Missouri, without regard to the conflict of laws and principles, thereof, will apply to all matters relating to the use of the Sites. You also submit to the personal jurisdiction of Missouri for any claim related to the use of the Site or any sale accomplished through the use of the Site. Any such claim shall be made only in the state and federal Courts of Missouri. This Site is governed by the state and federal laws of the United States. If you are accessing this site from a location outside of the United States, the laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Your use of this Site constitutes your irrevocable agreement to be bound by the laws of the State of Missouri and to the venue set out herein.
Dungarees is only required to collect sales tax for the state of Missouri. You may be responsible for USE or SALES TAX in the state you are shipping product, check your local laws including, but not limited to: KY Residents:http://revenue.ky.gov/individual/usetax.htm