Terms & Conditions
Agreement between
user and territatorresdesigns.com
Welcome to territatorresdesigns.com. The
territatorresdesigns.com website (the "Site") is comprised of various
web pages operated by Territa Torres Designs territatorresdesigns.com is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms"). Your
use of territatorresdesigns.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
territatorresdesigns.com is a E-commerce Site
Sell Clothing
Electronic
Communications
Visiting territatorresdesigns.com or sending emails to
Territa Torres Designs constitutes electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Territa Torres Designs does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use territatorresdesigns.com only with permission
of a parent or guardian.
Cancellation/Refund
Policy
You have 14 calendar days to return an item from the date
you received it. Worn item(s) will to be returned or refunded unless damage to
item(s) can be proven to be a manufacturing issue. Return shipping cost will
only be refunded if there is a manufacturing issue with item(s).
Links to third party
sites/Third party services
territatorresdesigns.com may contain links to other websites
("Linked Sites"). The Linked Sites are not under the control of
Territa Torres Designs and Territa Torres Designs is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. Territa Torres
Designs is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Territa Torres Designs of
the site or any association with its operators.
Certain services made available via territatorresdesigns.com
are delivered by third party sites and organizations. By using any product,
service or functionality originating from the territatorresdesigns.com domain,
you hereby acknowledge and consent that Territa Torres Designs may share such
information and data with any third party with whom Territa Torres Designs has
a contractual relationship to provide the requested product, service or
functionality on behalf of territatorresdesigns.com users and customers.
No unlawful or
prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use territatorresdesigns.com strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to
Territa Torres Designs that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of Territa Torres Designs or its suppliers
and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. Territa
Torres Designs content is not for resale. Your use of the Site does not entitle
you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of
Territa Torres Designs and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of Territa Torres
Designs or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Territa Torres Designs
account to third party accounts. By connecting your Territa Torres Designs
account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do
not want information about you to be shared in this manner, do not use this
feature.
International Users
The Service is controlled, operated and administered by
Territa Torres Designs from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Territa Torres Designs
Content accessed through territatorresdesigns.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Territa
Torres Designs, its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. Territa Torres
Designs reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with Territa Torres Designs in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrators
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Employer agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TERRITA
TORRES DESIGNS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME.
TERRITA TORRES DESIGNS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. TERRITA TORRES DESIGNS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL TERRITA TORRES DESIGNS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TERRITA TORRES DESIGNS OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access
restriction
Territa Torres Designs reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
California and you hereby consent to the exclusive jurisdiction and venue of
courts in California in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation,
this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Territa Torres Designs as a result
of this agreement or use of the Site. Territa Torres Designs's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Territa Torres Designs's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by
Territa Torres Designs with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Territa Torres Designs
with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Territa Torres Designs with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Territa Torres Designs reserves the right, in its sole
discretion, to change the Terms under which territatorresdesigns.com is
offered. The most current version of the Terms will supersede all previous
versions. Territa Torres Designs encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us
Territa Torres Designs welcomes your questions or comments
regarding the Terms:
Territa Torres Designs
California
Email Address:
territatorres@gmail.com
Effective as of June 27, 2016