By accessing this web site, you are agreeing to be bound by this Agreement. PACT Apparel, Inc. reserves the right to update or modify this Agreement at any time without notice. If you do not agree to these terms, you are prohibited from accessing or using this site.
1. Order Transactions
PACT Apparel, Inc. may refuse any order you place with us. We may limit or cancel quantities on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number associated with the order. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
2. Site Contents
Unless otherwise noted, the Site, all materials on the Site, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by PACT Apparel, Inc.
The Site and the Contents are intended solely for personal, non-commercial use. You may temporarily download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, sell or exploit in any way any of the Contents or the Site.
PACT Apparel, Inc. welcomes user comments. If you send creative ideas, suggestions, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that PACT Apparel, Inc. may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to PACT Apparel, Inc. PACT Apparel, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We reserve the right to monitor, edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way harm or otherwise affect the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead PACT Apparel, Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. PACT Apparel, Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
3. Site Changes
We reserve the right to: change, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; and/or offer promotions to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any change, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
4. Product Information
All products displayed on the Site are available exclusively at the Site. The prices displayed on the Site are quoted in U.S. Dollars. These products may have limited quantities.
We make every effort to display the colors of our products that appear on the Site as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will be accurate.
6. Errors, Inaccuracies, and/or Omissions
At times, there may be information on our Site containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, offers, and/or availability. We may, at any time and without prior notice, correct any errors, inaccuracies and/or omissions, change or update information, or cancel orders if any information on the Site is inaccurate.
7. Links to Third Party Web Sites
The Site may contain links to other Web sites that are not under the control of PACT Apparel, Inc. PACT Apparel, Inc. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site.
8. Submission of Personal Information
The Site is provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. PACT Apparel, Inc. expressly disclaims any duty to update or revise the materials on the Site. Your use of the Site is at your sole risk, and you agree to assume full responsibility for any costs associated with your use of the Site. PACT Apparel, Inc. shall not be liable for any damages of any kind related to your use of the Sites.
You agree to defend, indemnify and hold PACT Apparel, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
11. Dispute Resolution
Mindful of the high cost of litigation, both you and PACT Apparel, Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to PACT Apparel, Inc. at: PACT Apparel, Inc., 46 Shattuck Square, Suite 11, Berkeley, CA 94704, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and PACT Apparel, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
12. Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or PACT Apparel, Inc. You may terminate this Agreement at any time. PACT Apparel, Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.