Terms & Conditions
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
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of BROKE
S.O.B CLOTHING LLC. The collective work includes works that are licensed
to BROKE S.O.B CLOTHING LLC. Copyright 2003, BROKE S.O.B CLOTHING LLC
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing an
order with BROKE S.O.B CLOTHING LLC or purchasing BROKE S.O.B CLOTHING
LLC products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with BROKE
S.O.B CLOTHING LLC or to purchase BROKE S.O.B CLOTHING LLC products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by BROKE S.O.B CLOTHING LLC. You further
agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of BROKE S.O.B CLOTHING LLC
used in the site are trademarks or registered trademarks of BROKE S.O.B
CLOTHING LLC
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, BROKE S.O.B
CLOTHING LLC disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. BROKE S.O.B CLOTHING LLC
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. BROKE S.O.B CLOTHING LLC 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
BROKE
S.O.B CLOTHING LLC 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 BROKE
S.O.B CLOTHING LLC 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 BROKE S.O.B CLOTHING LLC product is mistakenly listed
at an incorrect price, BROKE S.O.B CLOTHING LLC reserves the right to
refuse or cancel any orders placed for product listed at the incorrect
price. BROKE S.O.B CLOTHING LLC 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 cancelled, BROKE S.O.B CLOTHING LLC 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 BROKE S.O.B
CLOTHING LLC without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
BROKE
S.O.B CLOTHING LLC 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 BROKE S.O.B CLOTHING LLC.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, 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 BROKE S.O.B CLOTHING
LLC products) shall be in the state or federal courts located in Los
Angeles County, California. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of
BROKE S.O.B CLOTHING LLC products) must be commenced within one (1) year
after the claim or cause of action arises. BROKE S.O.B CLOTHING LLC's
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. BROKE S.O.B CLOTHING LLC 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 BROKE S.O.B CLOTHING LLC 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
BROKE
S.O.B CLOTHING LLC 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, BROKE S.O.B
CLOTHING LLC 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, BROKE S.O.B CLOTHING LLC
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 BROKE S.O.B CLOTHING LLC in its sole
discretion.
Indemnification
You agree to
indemnify, defend, and hold harmless BROKE S.O.B CLOTHING LLC, 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, BROKE S.O.B
CLOTHING LLC may link to sites operated by third parties. However, even
if the third party is affiliated with BROKE S.O.B CLOTHING LLC, BROKE
S.O.B CLOTHING LLC has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of
BROKE S.O.B CLOTHING LLC. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless,
BROKE S.O.B CLOTHING LLC 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).