TERMS OF USE AGREEMENT
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on February 7, 2008.
This Terms of Use Agreement sets forth the standards of use of the Muerte Designs (dba Muerte Apparel) Online Service. By using the Muerte Designs www.muerteapparel.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the www.muerteapparel.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Muerte Designs is providing Member with clothing retail service. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
Product Information
In some cases, merchandise displayed for sale at www.muerteapparel.com may not be available in stores. All prices are in US Dollars and are valid and effective only in the United States. Advance payment in full via Visa, MasterCard, or Discover credit cards is required. Prices are subject to change from time to time in Muerte Designs' sole discretion.
Sales Tax, Shipping, and Handling
We currently ship within the United States only via UPS Ground. The member will be notified by email when their order has been processed and shipped and will be provided with a UPS tracking number. All California residents will incur an 8.25% sales tax.
Delivery
Purchased items will be shipped within 10 business days of the order, although most will be shipped within 3 to 4 days. Please allow up to 3 weeks for delivery to arrive. If you still have not received your purchase after 3 weeks, please notify customersupport@muerteapparel.com.
Product Availability
Although availability may be indicated on the website, we cannot guarantee product availability, and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, back order of product, discontinuance, or cessation, we will notify the member via email of the cancellation or the member may choose to wait for a backorder item if applicable.
Return Policy
NO REFUNDS. EXCHANGE ONLY on most regular priced apparel items within 10 days of receiving your order. Notice must be given to customersupport@muerteapparel.com within 2 days of receipt of item regarding any problems or concerns with merchandise and to arrange for exchange of merchandise. We will need your credit card information to bill the shipping charges for your new products. Returned items must include the packing slip, printed receipts, and all of the original tags and labels must be attached to the items. The items must be in the same, perfect condition they were sent to you: unworn, unused, and unwashed.
There are no refunds, returns, or exchanges on any accessories (including scarves, bandannas, skull caps, and hats), sale items, limited edition items, stickers, or patches. We will not exchange items for a different style, size, or color due to a change in decision by member.
Disclaimer of Warranties.
The website is provided by Muerte Designs on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Muerte Designs makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web website in terms of its correctness, accuracy, reliability, or otherwise. Muerte Designs shall have no liability for any interruptions in the use of this website. Muerte Designs disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
Limitation of Liability
MUERTE DESIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MUERTE DESIGNS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MUERTE DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Muerte Designs, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Muerte Designs reserves the right to modify or discontinue the Service with or without notice to the Member. Muerte Designs shall not be liable to Member or any third party should Muerte Designs exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Muerte Designs does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Websites
Our website may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is subject to the terms of use and privacy policies of each website, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ websites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Muerte Designs makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
We have made every effort to display as accurately as possible the colors of our products that appear on www.muerteapparel.com. However, since the colors you see depend on your computer monitor settings, we cannot guarantee that any color will be 100% accurate to the actual product.
Muerte Designs makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the California Courts
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our website you agree to do so subject to the internal laws of the State of California.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this website, including website design, text, graphics, images on apparel items, interfaces, and the selection and arrangements thereof is ©2008 www.muerteapparel.com, with all rights reserved, or is the property of Muerte Designs and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Muerte Designs is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Muerte Designs. Muerte Designs respects the intellectual property rights of others and asks users of this website to do the same.
Some of the characters, logos or other images incorporated by Muerte Apparel on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Muerte Designs or others (“Trademarks”). Muerte Designs’ trademarks may not be used in connection with any product or service that is not provided by Muerte Designs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Muerte Designs.
All other trademarks displayed on Muerte Designs’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Muerte Designs.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.muerteapparel.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Muerte Designs
By Mail: 2059 Camden Avenue #184 San Jose, CA 95124
By Telephone: (415) 374-1425
By Email: customersupport@muerteapparel.com
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Muerte Designs, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].