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Terms of Use

Terms of Use

Ownership

All of the content of this website, which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof, is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by "EC Wear LLC".

Limited License; Restrictions

You are granted a limited license to download the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases EC Wear LLC must be acknowledged as the source of the material. Use of the materials contained on this website on any other Internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and compliance with all these terms of use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of "EC Wear" is strictly prohibited, and is a violation of "EC Wear" proprietary rights. If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are subject to the limited license set out above. "EC Wear" and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.

 

Disclaimer

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EC WEAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, EC WEAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE OR ANY SOFTWARE ON THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER EC WEAR NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF EC WEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF EC WEAR OR ANY OF ITS DIRECTORS, EMPLOYEES, AFFLIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Indemnification

You agree to defend, indemnify and hold harmless EC WEAR from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Website; any material you post, upload, e-mail or otherwise transmit using the Website; or your violation, breach or alleged violation or breach of these Terms of Use.

Links from this Website

This website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.

Links to this Website

The following restrictions apply to all links to this Website from any on-line, cable, wireless, or other Internet web site, service or browser:

(a) All permitted links to this Website must be to EC Wear's home page (www.ecwear.com), and no link to the Website may be "framed" if the "frame" contains any advertising or other commercial text or graphics.

(b) Any on-line cable, wireless, or other Internet web site, service, or browser (other than as described in paragraph (c) below) that promotes any product (e.g., clothing or computer), or brand, or service, or public or nonprofit institution may not link to this Website without the prior written permission of EC WEAR, even though the page/area where the link originates does not promote a product, brand, service, or institution.

(c) Except as prohibited above any on-line cable, wireless, or other Internet website, service, or browser (such as fan web sites, and search engine and directory web sites), may link to this Website without the permission of EC WEAR if: (i) it is an on-line cable, wireless or other Internet web site, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet web site, service, or browser that does not contain any content or service) that, in the sole opinion of EC WEAR, is distasteful, offensive or may reflect adversely upon the reputation and good will of EC WEAR; and (ii) the link is a plain text link and does not include any mark or logo directly associated with EC WEAR, and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.

Submissions

EC WEARmust ask that you not submit to the Website any email, message, information, material, or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans, or programs (collectively, "Unsolicited Submissions"), and EC WEAR neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future EC WEAR creative expressions ideas, designs, artwork, inventions, know-how, techniques, products, services, plans, or programs.

By transmitting Unsolicited Submissions to the Website and/or transmitting any email, message, or information, material, and data responsive to a feature on the Website (collectively, "Submissions"), you are automatically granting EC WEAR and its affiliates a perpetual, royalty-free, non exclusive, unrestricted, worldwide and irrevocable right and license, but not any obligation, to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. EC WEAR and its affiliates also have the right, but not the obligation, to use your name in connection with the broadcast, online display, print, or other use or publication of your Submission. If EC WEAR or one of its affiliates solicits your Submission in connection with a Website feature, the terms governing the feature shall apply to your Submission as well as these Terms of Use and the Privacy Policy.

 

Termination

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. Your access to the Website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these Terms of Use or otherwise.

General Provisions

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Queens County, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Amending the Terms and Conditions of Use

We may add to, change or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms shown on this website apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use each time you use this website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Miscellaneous

Any waiver of any provision of these terms must be in writing signed by "EC WEAR" to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and "EC WEAR".

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