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Terms & Conditions - 47brand.com

47BRAND.COM TERMS OF USE - EFFECTIVE AS OF JANUARY 15, 2017:

Welcome and thank you for visiting this website (the “Website”) which is owned and operated by 47 BRAND, LLC (“’47” or “We”). By using the Website, you accept and agree to the following terms of use (the “Terms of Use”). If you do not agree to these Terms of Use, you may not access or otherwise use the Website. Please read the Terms of Use carefully before using the Website. Your access and/or use of the Website confirms your unconditional acceptance of the following Terms of Use. If you do not fully accept these terms, do not use or access the Website.

’47 may revise these Terms of Use at any time and from time to time, without notice to you, by updating this posting, and such revisions shall be effective immediately upon being posted to the Website. It is your responsibility to visit this page when using the Website to review the current Terms of Use, as they are binding on you. Your continued use of the Website after any modifications indicates your acceptance of these Terms of Use, as modified. The effective date located at the top of this page will set forth the date these Terms of Use were last updated.

Ownership of Content, Trademarks and Intellectual Property

’47 owns, controls, or licenses all right, title and interest in and to the Website and all content featured or displayed on the Website. The following elements of this website are the property of ‘47: All text, graphics, logos, button icons, images, photographs, illustrations, visuals, copy, data, audio clips, video, software, software code, digital downloads and data compilations (both individually and as they are compiled on the site) and the look and feel, design and organization of the Website (collectively the “Content”). The compilation of the Content shall be the property of ’47 and any copyrights, trademark rights, trade dress rights, patent rights, database rights, and other intellectual property or proprietary rights therein. The Website, its Content and all related rights shall remain the sole and exclusive property of ’47 or its licensors or affiliates.

The trademarks or trade dress of ’47 and our affiliates may not be used without our express written permission. Trademarks or trade dress include the 47 BRAND, LLC name and logo, and other graphics, logos, page headers, button icons, scripts, service names of 47 BRAND, LLC products, services, and products, and those of our affiliates. All other trademarks that appear on this site are the property of their respective owners, who may or not be affiliated with, connected to, or sponsored by us or our affiliates. Your unauthorized use or misuse of the trademarks displayed on the Website is strictly prohibited. Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Website is strictly prohibited unless you have received the express written permission of ’47.   ’47 will enforce our intellectual property rights to the fullest extent of the law.

Your use of the Website does not grant you any ownership of, or a license to, any Content, compilation or intellectual property you may access on the Website. You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with www.47brand.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, are strictly prohibited. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Website. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site.  

Use of the Website

Subject to your compliance with these terms, we grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Website solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Website. You agree that you are not permitted to resell any products purchased through this site for commercial purposes.   We may revoke your access and use of the Website at any time, for any reason, including but not limited to, your violation of these Terms of Use. Nothing herein shall constitute a representation that the Website will be available to you for your access or use. ’47 reserves the right to accept or reject any order, for any reason, at any time. You are solely responsible for the consequences of your use of the Website. ’47 reserves the right, but does not have the obligation, to monitor and/or review all materials posted to the Website or through the Website’s services by users, and ’47 is not responsible for such materials posted by users. ’47 reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in ‘47’s sole discretion, are objectionable or in violation of these Terms of Use, or policies or applicable law.

By accessing the Website, you represent and warrant that you are eighteen (18) years of age or older. If you are under the age of eighteen (18), you may use the Website only with the involvement of a parent or guardian. By placing an order through the Website, you agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you will access and use the Website only in a lawful manner and only in accordance with these Terms of Use and will in no way attempt to undermine the integrity of the Website. Additionally you agree that you will not: (a) gain access, or attempt to gain access, to any portion of the Website or any systems or networks connected to the Website, by hacking, password mining or any other illegitimate or unlawful means; (b) create or maintain any link from another site to any page on the Website without ‘47’s express prior written permission; (c) run or display the Website (or any material on the Website) in frames or through similar means on another site, application or location without ‘47’s express prior written permission; (d) Modify the information or materials located on the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose; (e) use any deep-link, page-scrape, robot, spider, site search application or other automatic device, program, or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index the Website, or any portion of the Website; (f) collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts; (g) create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or otherwise interfere with users’ enjoyment of the Website; (h) transmit or upload to the Website any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that dose or could interfere with, damage or degrade in any manner the performance or security of the Website or adversely affect a user; (i) take any action that imposes, in ‘47’s sole discretion, an unreasonable or disproportionately large load on the Website or the IT infrastructure used to operate the Website; (j) submit to the Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the site to transfer or store illegal material; (k) scan or test the vulnerability of the Website or any network connected to the Website; (l) access or use the Website or any User Content (as defined herein) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or (m) attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

As a user of the Website, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials (collectively “User Content”) and/or share it with other users. User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. ’47 will have no liability related to the content of any User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ’47 shall have no obligations to use, return, review, remove or respond to any User Content (unless required by law). ’47 retains the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms of Use and reserve the right to terminate your access thereto.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing ’47 to disclose the identity or other information of users and/or devices using or accessing the Website. YOU WAIVE AND HOLD HARMLESS ’47 AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You acknowledge and agree that we do not control the User Content posted to the Website, or any links to other sites, including the content of any messages or posts, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. ’47 is not obligated to review or remove User Content and you understand that, by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable.

From time to time, the Website may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by ’47. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by ’47. If you use these links, you will leave the Website. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available, error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE WEBSITE YOU DO SO ENTIRELY AT YOUR OWN RISK.

User Conduct

You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information, or other material obtained through the Website for commercial purposes (other than as expressly permitted in writing by ’47); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Website; (f) restrict or inhibit any other user from using and enjoying the Website or the Website’s services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload post, transmit, reproduce, distribute or otherwise publish advertising material, pyramid schemes of any kind, or information which would constitute or contains false or misleading indications of origin, endorsement or statements of fact.

Customer Accounts

You may create and/or be required to create an account to access or use certain areas of the Website. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify ’47 immediately of any unauthorized access or use of your account or password, or any other breach of security. We reserve the right, including but not limited to if ’47 becomes aware that you are under the age of eighteen (18) or have violated any of these Terms of Use, to terminate your account or registration at any time. If you are under the age of eighteen (18), you may not have an account and you may use this Site only with the involvement of a parent or guardian.

Disclaimers

YOU AGREE THAT USE OF THE WEBSITE (AND ANY ELEMENT THEREOF) IS ENTIRELY AT YOUR OWN RISK. ’47 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES. THE WEBSITE, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY OR ACCURACY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL ‘47 OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ‘47’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Indemnification

You agree to defend, indemnify and hold ’47 its respective affiliates, licensors, directors, officers, employees, agents and representatives harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney’s fees and court costs, arising from any claim, cause of action, suit or demand or any third party due to, arising out of or relating to your breach of these Terms of Use.

Disputes, Choice of Law and Jurisdiction

’47 Controls and operates the Website from its offices in Massachusetts. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any matter and/or dispute relating in any way to your visit to or interaction with the Website, including compliance with these Terms of Use, shall be commenced and be heard in the appropriate court in the Commonwealth of Massachusetts, County of Norfolk. You agree to submit to the personal and exclusive jurisdiction of the courts located within Norfolk County in the Commonwealth of Massachusetts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

Termination

’47 may terminate, suspend, change, or discontinue your use/access to the Website at any time, with or without cause. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you occur prior to termination. ’47 reserves the right to terminate, suspend, change, or discontinue all or any aspect of the site at any time, for any reason or for no reason, at any time without notice.

Waiver and Severability

No waiver by ’47 of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ’47 to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any of the terms herein are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and ’47 with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the Website.

UNSOLICITED IDEAS SUBMISSION POLICY

‘47 does not accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Submissions”). The purpose of this policy is to avoid any potential misunderstandings when ’47’s products, services, advertising or branding might appear to be similar or identical to ideas submitted to ‘47.

Terms of Idea Submissions

If, despite the policy outlined above, you still choose to submit your ideas to ’47, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:

  • ’47 will consider the Submissions to be non-confidential and non-proprietary;
  • The Submissions and their contents will become property of ‘47 without the possibility of compensation to you;
  • ‘47 shall have no obligations regarding the Submissions, in whole or in part, for any purpose and in any way, without the possibility of any compensation to you or any third party.

Feedback

‘47 is always pleased to receive feedback about any of its current products, services, advertising or branding. Please only provide specific feedback on current products, services, advertising or branding, and do not include ideas that our Unsolicited Ideas Policy will not permit us to accept or consider. Any feedback you provide is deemed to be non-confidential and non-proprietary. ‘47 shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.

Additional Assistance

If you do not understand any of the foregoing terms or if you have questions or comments, we invite you to contact our Ecommerce Customer Service department at orders@47brand.com or by phone at 1.781.702.2921.