Terms & Conditions – ELWOOD

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Terms & Conditions

ELWOOD Clothing, (the “Company”), manages, maintains, and updates the website www.elwoodclothing.com (the “Site”) for your viewing pleasure, entertainment, and information regarding the Company. By using this Site, you accept and agree to be legally bound by and comply with the terms and conditions set forth below (collectively the “Terms and Conditions”) and all applicable laws.

If you do not agree to any provision of the Terms and Conditions, please do not access this Site. The Company reserves the right to modify and revise these Terms and Conditions at any time by updating this posting. You are bound by any and all such modifications, and therefore it is your responsibility to review the then current Terms and Conditions page periodically. Your continued use of the Site after the effective date of the changes to the Terms and Conditions constitutes your agreement and acceptance to such changes.

Proprietary Rights

All content, information, data, text, illustrations, photographs, images, products, artwork, designs, video, audio, logos and trademarks provided on this Site (collectively the “Content”) are owned by the Company and are protected by worldwide copyrights, trademarks, patents, trade secrets, or other proprietary rights.

The Content on this Site, and the Site as a whole, are intended solely for personal non-commercial use by users of this Site. You may download various materials from the Site for non-commercial use provided that you follow all copyright and other proprietary notices including but not limited to these Terms and Conditions. You may not distribute, modify, transmit, or use in anyway the content of this Site for public or commercial use without the Company’s prior, direct, written permission. Use of any Content for any purpose not expressly permitted in the Terms and Conditions is prohibited. Copyrighted material on the Site may not be used without express prior authorization by the Company.  Requests for permission to use the copyrighted material on the Site should be made by contacting us via email at info@elwoodclothing.com.

The names, trademarks, brands, logos, designs, trade dress and other designations that the Company uses in connection with this Site, including, without limitation, ELWOOD (“the Company Trademarks”) are owned by Topson Direct, LLC and Topson Downs of California, Inc., an affiliate of the Company. You may not remove or alter the Company Trademarks or use the Company Trademarks without the prior written consent of the Company, except to identify the products or services of the Company and only if your reference is truthful and not misleading.  All other trademarks, copyrights, designs and images may be subject to the intellectual property rights other third parties, and no license is granted with respect thereto.

Third Party Sites

The Company is in no way responsible or liable for the external sites linked to the Site nor is the Company liable or responsible for these sites’ contents. Linking to any of these off-Site pages is at your own risk. The Company recommends that you check the terms and conditions and specific privacy policy of any site, whether or not linked to our Site, before using the site or providing any personal information.

Postings and Submissions by Users

By posting, sending, electronically mailing, or providing in any manner any materials that do not fall within the guidelines of the Privacy Policy to the Site including but not limited to questions, comments, suggestions, and data, you grant the Company a limited license and permission to use, modify, copy, distribute, translate, reformat, transmit, publicly display or perform, reproduce, and edit your submission,

The license you are granting to the Company is non-exclusive, fully-paid, royalty-free, worldwide, and may be sublicensed to the extent necessary (such as in connection with content delivery networks that provide the Site). This means that you will not be compensated for our use of the content in any manner.

You represent and warrant that: (i) you have the right to grant the license set forth in this section and you have the right to use and control the content posted, and (ii) the posting of your content on our Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content you post on the Site. See “Copyright Policy” below.

Your submission will not be treated as confidential.  Accordingly, you should not post to the Site any comments, ideas, information or anything else to the Site that you wish to keep from the public.  Moreover, the Company, in its discretion, may use any ideas, concepts or techniques contained in any communication you send to the Site in any way whatsoever including, but not limited to, developing, manufacturing and marketing such products. The Company will not pay you for using these ideas, concepts or techniques.

You may not send any material that violates any rights of any third party, or is profane, pornographic, obscene, scandalous, unlawful, harmful, perverse, or constitutes or promotes illegal activities. By way of illustration (but not by way of limitation) the following are some specific examples of activity that is illegal or otherwise prohibited on the Site:

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets or any other action that, at the time when taken, is illegal;
  • advertising to, or solicitation of, any other user to buy or sell any products or services. You may not transmit any chain letters or junk email through the Site or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to anything to another user without such user’s explicit prior written consent;
  • covering or obscuring the banner advertisements on your personal profile page, or any other page of the Site via HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to add contacts or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
  • attempting to impersonate another user or other person;
  • using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • using any information obtained from the Site in order to harass, abuse, or harm another person;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site, whether on your own behalf or on behalf of a third person, including but not limited to the posting of commercial content on your profile, the posting of blogs or bulletins with a commercial purpose, and sending private messages with a commercial purpose; or
  • using the Site in a manner inconsistent with any and all applicable laws and regulations.

The Company may refuse to post and may delete or edit any or all of the materials that you send to the Site. The Company may also delete any registration at any time for any reason without notice or liability.

Copyright Policy

You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In accordance with the Digital Millennium Copyright Act and other applicable laws, the Company has a policy of terminating the privileges and right to use the Site of any user who the Company believes, in its sole and absolute discretion, is repeatedly infringing the intellectual property rights of others. 

In addition, the Company’s policy is to terminate the privileges and rights to use the Site of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance, upon receipt of proper notification to the Company by the copyright owner or the copyright owner's legal agent.  The Company is not obligated to monitor postings to determine copyright ownership, but we may so monitor if we choose at any time and from time to time.  If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of claims of copyright infringement should be sent to us at the address set forth on the “about us” page of this Site.

Products

While the products displayed on this Site may be available at authorized select retailers in the United States and abroad. The Company cannot guarantee that all products appearing on this Site will be available at every authorized retailer or in the colors or sizes you wish to purchase.  Availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by the Company at any time without notice. Please note that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered herein.

Consumer Product Safety Act/Consumer Product Safety or Improvement Act of 2008/Proposition 65 Compliance

The Company is in compliance with any and/or all legal and regulatory requirements and guidelines relating to the goods including but not limited to the Consumer Product Safety Act, the Consumer Product Safety Improvement Act of 2008 and California Health and Safety Code sec. 25249.5 et. seq. (“Proposition 65”).  Such compliance shall include but is not limited to testing results for lead and phthalates ensuring goods meet all federal and state guidelines and affixation of requisite warnings and production information on all products. If you believe that the Company has violated any part of the Consumer Product Safety Act, the Consumer Product Safety Improvement Act of 2008 or Proposition 65, you agree to contact the Company as soon as possible to bring your concerns to our attention.  The Company will investigate such concerns and take such actions as may be reasonably required to ensure that the Company remains in compliance with those laws, rules and regulations.

Please note that while we take all reasonable precautions to ensure the safety of all Elwood products, some chemical hazards are inherent in the manufacturing process.  Accordingly, you should pay heed to the following warning:

WARNING:  Some or all of the products sold on this Site contain a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.

Disclaimer of Warranties

THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIRE DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND FIRE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR USE OF THIS SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ANY OTHER PARTY INVOLVED IN THE CREATION, DEVELOPMENT, OR PRODUCTION OF THIS SITE, OR ANY OF THEIR AFFILIATES BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT THE COMPANY, ANY OTHER PARTY INVOLVED IN THE CREATION, DEVELOPMENT, OR PRODUCTION OF THIS SITE, OR ANY OF THEIR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification of the Company

You agree to defend, indemnify and hold the Company and its affiliates harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising from or in connection with your use or misuse of this Site and the Content or your violation of any provision of these Terms and Conditions.

International Use

The Company makes no representation or warranty that this Site and its Content are appropriate or available for use in locations outside the United States. Accessing this Site or the Content from territories in which this Site or the Content is illegal is prohibited. You agree that if you choose to access this Site or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with international and local laws.

Dispute Resolution

If there is a dispute about these Terms and Conditions or your use of this Site, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in Los Angeles County, in the State of California, United States of America.

Questions or Comments

For questions or comments about these Terms and Conditions, please email us at info@elwoodclothing.com.

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