TERMS & PRIVACY
The following are the terms and conditions for use of M+J CLOTHING’s website. Please read them carefully. BY USING THE WEBSITE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE TERMS OF WEBSITE (the “TERMS”).
1. USER CONDUCT
The WEBSITE is provided free of charge to individuals only. In consideration for the use of the WEBSITE free of charge the user agrees that M+J CLOTHING may add an embedded hyperlink to external websites. The user is permitted to link their M+J CLOTHING profile to other internet profiles, such as by posting them on user’s own social media website. You agree that your use of the WEBSITE will always comply with all applicable local, state, federal, national and international laws and regulations, and that you are solely responsible for all acts or omissions that occur under your account or password, including the content you submit to the WEBSITE for your profile. By way of example rather than limitation, you hereby agree, among other things, not to: submit to the WEBSITE any illegal, unlawful, oppressive, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable information.
It is M+J CLOTHING’s policy to respect the privacy of users of the WEBSITE. Therefore, except as provided herein, M+J CLOTHING will not monitor, edit, or disclose any personal information about you without your prior permission unless M+J CLOTHING in its sole discretion believes that such action is necessary to: (1) comply with legal process; (2) otherwise protect the legal rights of M+J CLOTHING; (3) enforce the TERMS; or (4) protect the interests of users of the WEBSITE or others. M+J CLOTHING may on occasion provide certain user information in anonymous, aggregate form to third parties such as advertisers for demographic purposes. However, M+J CLOTHING will not provide any 3rd party entities with your email address or other contact information. This WEBSITE is not intended to be used for unsolicited email or spam. Your email address may be used in the following ways: (1) to send you an email with any error messages concerning your account; (2) to periodically send you an email containing announcements from M+J CLOTHING. You will have the opportunity to “opt-out” of any regularly-occurring email sent from M+J CLOTHING. In consideration for your use of the WEBSITE free of charge as provided below, you agree that M+J CLOTHING may have access to your email information, for internal testing purposes as well as any of the other reasons stated above, or to respond to WEBSITE or technical issues.
3. DISCLAIMER OF WARRANTIES
The WEBSITE may from time to time provide information and links to content from third parties. M+J CLOTHING does not control in any respect any information, products or WEBSITEs offered by these third parties. The products available through the WEBSITE are provided “as is” and “as available”. To the fullest extent permitted by applicable law, M+J CLOTHING expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of WEBSITE for a particular purpose. M+J CLOTHING does not represent or warrant that the WEBSITE will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. M+J CLOTHING does not warrant or represent that the use, or the results of the use, of the WEBSITE or from third parties will be correct, accurate, timely, and reliable or be possessed of any other attribute or characteristic.
4. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall M+J CLOTHING be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the WEBSITE, any changes to the WEBSITE, unauthorized access to or other materials submitted to the WEBSITE, any documents or other material or data sent or received or not sent or received, or any transactions entered into through the WEBSITE. You specifically agree that M+J CLOTHING is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. If you are dissatisfied with the WEBSITE, the materials available on or through the WEBSITE, or with any of the TERMS, your sole and exclusive remedy is to discontinue using the WEBSITE. LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, M+J CLOTHING’S LIABILITY IS LIMITED TO RESUPPLYING THE WEBSITE.
You agree to indemnify and hold M+J CLOTHING, its parents, subsidiaries, affiliates, officers and employees, harmless of and from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct with regard to the WEBSITE.
M+J CLOTHING may terminate the WEBSITE with or without cause at any time and effective immediately. In addition, M+J CLOTHING, in its sole and exclusive discretion, may terminate your access to the WEBSITE for violation of the TERMS either in letter or in spirit. If you wish to terminate your account, your only recourse is to discontinue use of the WEBSITE. Upon termination of the WEBSITE, your right to use the WEBSITE immediately ceases. Upon termination of the WEBSITE, M+J CLOTHING shall have no obligation to maintain your profile or other materials submitted to the WEBSITE or to forward them to you or any third party.
7. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or E-mail-distributed, commercially produced information presented to you by the WEBSITE, by M+J CLOTHING, is protected by copyrights, trademarks, WEBSITE marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the WEBSITE, including code and software.
8. MODIFICATIONS TO TERMS, USER POLICIES
M+J CLOTHING reserves the right to change the TERMS or policies regarding the use of the WEBSITE at any time and to notify you by posting an updated version of the TERMS on the WEBSITE site.
The TERMS shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, excluding their conflict of law provisions. You and M+J CLOTHING agree to submit to the exclusive jurisdiction of the Superior Court of the State of Colorado in and for the County of Boulder. If any provision(s) of the TERMS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. M+J CLOTHING’s failure to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by M+J CLOTHING in writing. You and M+J CLOTHING agree that any cause of action arising out of or related to this WEBSITE must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TERMS are solely used for the convenience of the parties and have no legal or contractual significance.
10. CHOICE OF LANGUAGE
You and M+J CLOTHING hereby expressly agree that the TERMS be, and hereby are, set forth in the English language. In the event you are not fluent in the English language, you hereby represent and warrant to M+J CLOTHING that, before agreeing to be bound by the TERMS, you have sought and obtained a translation of them from a competent professional translator, and have agreed to be bound by each and all of the TERMS as set forth herein even if an error of translation has occurred, for which error you accept full responsibility and which error you hereby agree to waive and not raise as a possible defense or claim, or a part or element thereof, in any action or proceeding between you and M+J CLOTHING arising out of your use of the WEBSITE.