TERMS AND CONDITIONS
Please read these
terms and conditions carefully before using this web site. Your use of this web
site confirms your unconditional acceptance of the following terms and
conditions.
1. Products, Content and
Specifications.
All features, content, specifications, products and prices of products and
services described or depicted on this Web Site are subject to change at any
time without notice. Certain weights, measures and similar descriptions are
approximate and are provided for convenience purposes only. We make all
reasonable efforts to accurately display the attributes of our products,
including the applicable colors; however, the actual color you see will depend
on your computer system and we cannot guarantee that your computer will
accurately display such colors. The inclusion of any products or services in
this Web Site at a particular time does not imply or warrant that these
products or services will be available at any time. It is your responsibility
to ascertain and obey all applicable local, state, federal and international
laws (including minimum age requirements) in regard to the possession, use,
sale and/or resale of any item purchased from this Web Site. By placing an
order, you represent that the products ordered will be used only in a lawful
manner.
2. Shipping Limitations.
When an order is placed, it will ship to an address designated by the purchaser
as long as that shipping address is compliant with the shipping restrictions
contained on this Web Site. All purchases from this Web Site are made pursuant
to a shipment contract. As a result, risk of loss and title for items purchased
from this Web Site pass to you upon delivery of the items to the carrier. You
are responsible for filing any claims with carriers for damaged and/or lost
shipments.
3. Accuracy of Information.
iThigh attempts to ensure that information on this Web Site is complete,
accurate and current. Despite our efforts, the information on this Web Site may
occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or recentness of any
information on this Web Site. For example, products included on the Web Site
may be unavailable, or may have different attributes than those listed. In
addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm orders by e-mail, the
receipt of an e-mail order confirmation does not constitute our acceptance of
an order or our confirmation of an offer to sell a product or service. We
reserve the right, without prior notice, to limit the order quantity on any
product or service and/or to refuse service to any customer. We also may
require verification of information prior to the acceptance and/or shipment of any
order.
4. Use of this Web Site.
The Web Site design and all text, graphics, information, content, and other
material displayed on or that can be downloaded from this Web Site are either
the property of, or used with permission by iThigh and are protected by
copyright, trademark and other laws and may not be used except as permitted in
these Terms and Conditions or with the express prior written permission of the
owner of such material. You may not modify the information or materials located
on this Web Site in any way or reproduce or publicly display, perform, or
distribute or otherwise use any such materials for any public or commercial
purpose. Any unauthorized use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and publicity, and other laws
and regulations.
5. Trademarks.
Certain trademarks, trade names, service marks and logos used or displayed on
this Web Site are registered and unregistered trademarks, trade names and
service marks of iThigh and its affiliates. Other trademarks, trade names and
service marks used or displayed on this Web Site are the registered and
unregistered trademarks, trade names and service marks of their respective
owners, including iThigh and its affiliates. Nothing contained on this Web Site
grants or should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademarks, trade names, service
marks or logos displayed on this Web Site without the written permission of
iThigh.
6. Linking to this Web Site.
Creating or maintaining any link from another Web site to any page on this Web
Site without iThigh’s express prior written permission is prohibited. Running
or displaying this Web Site or any material displayed on this Web Site in
frames or through similar means on another Web site without iThigh’s express
prior written permission is prohibited. Any permitted links to this Web Site
must comply will all applicable laws, rule and regulations.
7. Third Party Links.
From time to time, this Web Site may contain links to Web sites that are not
owned, operated or controlled by iThigh or their affiliates. All such links are
provided solely as a convenience to you. If you use these links, you will leave
this Web Site. Neither iThigh nor any of their affiliates are responsible for
any content, materials or other information located on or accessible from any
other Web site. Neither iThigh, nor any of their affiliates endorse, guarantee,
or make any representations or warranties regarding any other Web site, or any
content, materials or other information located or accessible from such Web
sites, or the results that you may obtain from using such Web sites. If you
decide to access any other Web site linked to or from this Web Site, you do so
entirely at your own risk.
8. Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law. In
addition to any remedies that iThigh may have at law or in equity, if iThigh
reasonably determines that you have violated or are likely to violate the
foregoing prohibitions, iThigh may take any action they reasonably deem
necessary to cure or prevent the violation, including without limitation, the
immediate removal from this Web Site of the related materials. iThigh will
fully cooperate with any law enforcement authorities or court order or subpoena
requesting or directing iThigh to disclose the identity of anyone posting such
materials.
9. User Information.
Other than personally identifiable information, which is subject to this Web
Site's Privacy Policy, any material, information, suggestions, ideas, concepts,
know-how, techniques, questions, comments or other communication you transmit
or post to this Web Site in any manner ("User Communications") is and
will be considered non-confidential and non-proprietary. iThigh each of its
affiliates and/or their designees may use any or all User Communications for
any purpose whatsoever, including, without limitation, reproduction,
transmission, disclosure, publication, broadcast, development, manufacturing and/or
marketing in any manner whatsoever for any or all commercial or non-commercial
purposes. iThigh may, but is not obligated to, monitor or review any User
Communications. iThigh shall have no obligations to use, return, review, or
respond to any User Communications. iThigh will have no liability related to
the content of any such User Communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise. iThigh retains the
right to remove any or all User Communications that includes any material
iThigh deems inappropriate or unacceptable.
10. Disclaimers.
Your use of this site is at your risk. The materials and services provided in
connection with this web site are provided "as is" without any
warranties of any kind including warranties of merchantability, fitness for a
particular purpose, or non-infringement of intellectual property. Neither
iThigh nor any of its affiliates warrant the accuracy or completeness of the
materials or services on or through this web site. The materials and services
on or through this web site may be out of date, and neither iThigh, nor any of
its affiliates make any commitment or assumes any duty to update such materials
or services. The foregoing exclusions of implied warranties do not apply to the
extent prohibited by law. Please refer to your local laws for any such
prohibitions.
All products and services purchased on
or through this web site are subject only to any applicable warranties of their
respective manufactures, distributors and suppliers, if any. To the fullest
extent permissible by applicable law, iThigh and hereby disclaim all warranties
of any kind, either express or implied, including, any implied warranties with
respect to the products and services listed or purchased on or through this web
site. Without limiting the generality of the foregoing, iThigh, and hereby
expressly disclaim all liability for product defect or failure, claims that are
due to normal wear, product misuse, abuse, product modification, improper product
selection, non-compliance with any codes, or misappropriation. We make no
warranties to those defined as "consumers" in the magnuson-moss
warranty-federal trade commission improvements act. The foregoing exclusions of
implied warranties do not apply to the extent prohibited by law. Please refer
to your local laws for any such prohibitions.
11. Limitations of Liability.
Neither iThigh assumes any responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use of,
or browsing this Web Site or your downloading of any materials, from this Web
Site. In no event will iThigh its respective officers, directors, employees,
shareholders, affiliates, agents, successors, assigns, retail partners nor any
party involved in the creation, production or transmission of this web site be
liable to any party for any indirect, special, punitive, incidental or
consequential damages (including, without limitation, those resulting from lost
profits, lost data or business interruption) arising out of the use, inability
to use, or the results of use of this web site, any web sites linked to this
web site, or the materials, information or services contained at any or all
such sites, whether based on warranty, contract, tort or any other legal theory
and whether or not advised of the possibility of such damages. The foregoing
limitations of liability do not apply to the extent prohibited by law. Please refer
to your local laws for any such prohibitions.
In the event of any problem with this
web site or any content, you agree that your sole remedy is to cease using this
web site. In the event of any problem with the products or services that you
have purchased on or through this web site, you agree that your remedy, if any,
is from the manufacturer of such products or supplier of such services, in
accordance with such manufacturer's or supplier's warranty, or to seek a return
and refund for such product or services in accordance with the returns and
refunds policies posted on this web site.
12. Revisions to these Terms and
Conditions.
iThigh may revise these Terms and Conditions at any time and from time to time
by updating this posting. You should visit this page from time to time to
review the then current Terms and Conditions because they are binding on you.
Certain provisions of these Terms and Conditions may be superseded by expressly
designated legal notices or terms located on particular pages at this Web Site.
13. Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and iThigh
to the extent necessary to resolve any inconsistency or ambiguity between them.
This Web Site is administered by iThigh from its offices in California. These
Terms and Conditions will be governed by and construed in accordance with the
laws of the State of California, without giving effect to any principles of
conflicts of laws. Any action seeking legal or equitable relief arising out of
or relating to this Web Site shall be brought only in the courts of the
Commonwealth of California or the United States District Court of California. A
printed version of these Terms and Conditions shall be admissible in judicial
and administrative proceedings based upon or relating to these Terms and
Conditions to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
14. Termination.
You or we may suspend or terminate your account or your use of this Web Site at
any time, for any reason or for no reason. You are personally liable for any
orders that you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or any aspect of this
Web Site at any time without notice.
15. Additional Assistance.
If you do not understand any of the foregoing Terms and Conditions or if you
have any questions or comments, we invite you to contact info@theiThigh.com.