Unfortunately, if we have reason to believe or determine that you are not abiding by the Agreement, then we will terminate the Agreement by denying you access to this Site. Likewise, if you choose not to be bound by any of our terms and policies, then you must terminate your session and may not access or use this Site, and must delete any content derived from our Site. By accessing or making purchases on the Site, you acknowledge and agree to the terms of the Agreement.
Last Updated: September 2023
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. From time to time, the Agreement will be updated in whole or in part, at which time the new date will be reflected above in the “Last Updated” section. Updated terms and policies will immediately replace and supersede any prior Agreement, unless otherwise noted. If we determine the updates are material, then we may choose to place a notice on the Site by: (i) revising the link on the homepage with the qualifying term “New,” “Updated,” or other similar language for a reasonable period of time, or (ii) sending electronic correspondence to customer accounts. Accordingly, if you use the Site after an update is published, then you will unconditionally agree to be bound by the updated Agreement.
You agree to use this Site in good faith for only the purposes intended by the Company, which shall include but not be limited to window shopping, shopping, participating in promotional activities, signing up for our newsletter, or communicating with us through the Site. Certain features of the Site require you to create an account. To register, you must create a user account by providing a valid email address and creating a unique password (“Account”). When you acquire merchandise as a guest or through your Account, you warrant that all information used in connection with the Site and your purchase of merchandise from the Site is accurate and true. You are solely responsible for: (i)maintaining the confidentiality of your Account user name and password; (ii)ensuring all information used in connection with the Site is accurate and current; and (iii)any activity you conduct through your Account (whether by you or someone else). You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
The Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, then that provision shall be severable, and all other provisions shall remain in full force and effect.
PRODUCT INFORMATION AND PURCHASES
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Site. All features, content, images, specifications, products, colors, prices of products, and any other services described or depicted on this Site are subject to change at any time without notice.
We make all reasonable efforts to accurately display the attributes of our products, including the applicable color(s); however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Certain weights, measurements, or similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in this Site at a particular time does not imply or warrant that those products or services will be continuously available and we reserve the right to remove products at any time for any reason.
- ORDER RESTRICTIONS AND RISK OF LOSS
- GIFT CERTIFICATE
Gift certificates, also referred to as “gift cards,” may be acquired online here and are only redeemable for product purchases made on the Site. We are actively working to seamlessly integrate our online and retail store experiences and will update our policy once this capability is thoroughly tested. PLEASE NOTE: All gift card purchases are Final Sale, non-transferable, non-refundable, and not redeemable for cash, except as required by law. Gift cards may not be resold by any unauthorized vendor. Any unused balance of the gift certificate will be placed in the recipient's gift certificate account. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates.
- RETURNS AND EXCHANGES
All returns are subject to our Returns Policy.
- LICENSE AND USE RESTRICTIONS
- Site We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
- Your Content You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit, and reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i)make the Site available to you; (ii)manage your Account; (iii)address questions and issues; and (iv)process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
- Restrictions You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:
- use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
- gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
- probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;
- reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of Company, including any Account that is not held by you;
- take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
- use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
- make any false or misleading statements in connection with your use of the Site;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- advertise or offer to sell or buy any goods or services for any business purpose;
- restrict or inhibit any other user from using and enjoying the Site;
- violate any applicable laws or regulations; and/or
- create a false identity for the purpose of misleading others.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
- INTELLECTUAL PROPERTY RIGHTS
- HEALTH WARNING
A very small percentage of users may experience seizures when exposed to certain light patterns, flashing lights or backgrounds when using the Site. Additionally, use of the Site may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movement, or convulsions. IMMEDIATELY discontinue use of our Site and consult your physician if you experience any of the above-mentioned symptoms.
- DISCLAIMER OF WARRANTIES
The Site is provided to you “as is.” We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, representation or condition that: (1) the Site will meet your requirements; (2) your use of the Site will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the Site will be accurate or reliable; or (4) any errors in the Site will be corrected.
If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. For example, California residents must, as a condition of the Agreement, waive the applicability of California Civil Code section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned provision.
- LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. IN NO EVENT SHALL WE, OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH: (1) THE USE OF OR INABILITY TO USE THE SITE, (2) TRANSACTION OR INABILITY TO TRANSACT ON THE SITE, (3) USE OF SERVICES OR INABILITY TO USE SERVICES ASSOCIATED WITH THE SITE, (4) OR ANY OTHER ASPECT RELATED TO THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE OF OUR LIABILITY EXCEED $1,000.00. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH TO THE TERMS AND POLICIES (ESPECIALLY IF SUCH BREACH WAS MADE IN BAD FAITH), OR RELATED TO YOUR INDEMNITY OBLIGATIONS.
You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relating to your (i) Content; (ii) use of the Site; (iii) violation of any term of the Agreement; (iii) violation of any third party rights; (iv) violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
With the exception of the Arbitration Agreement, which shall survive the termination of the Agreement, the Agreement is effective unless and until terminated by either you or us. You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Agreement for all purposes.
- THIRD PARTY LINKS
By providing your email address to us or creating an Account, you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by submitting this form.
- ARBITRATION AGREEMENT
Arbitration is a form of alternative dispute resolution and is often considered a faster, more convenient, and less expensive way to resolve disputes. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. However, if those efforts fail, then both you and Company agree that any and all complaints, disputes, disagreements, controversies or claims arising from or relating to a transaction, a failed transaction, any communications between you and Company (including your receipt of text messages or electronic mail from us), or otherwise related to any services rendered, or to the breach, enforcement, interpretation, or validity of the Agreement or any part of it (“Dispute”), will be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the "Applicable Rules"). In the event JAMS is unavailable or unwilling to hear the Dispute, then the parties shall mutually agree to another arbitration provider. Payment of all filing administration and arbitrator fees will be governed by the Applicable Rules. Company will reimburse those fees for claims totaling less than $10,000. Company waives its right to seek attorney’s fees and costs in arbitration.
Attn: Legal Counsel
Re: Arbitration Request
2741 Seminole Ave, Suite A
South Gate, CA, 90280
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- your contact information (i.e. name, email address, telephone number, and address);
- a description of the copyrighted work of concern;
- a link to the location(s) on the Site of the copyrighted work of concern;
- a 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;
- a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
Attn: Legal Counsel – DMCA Agent
RE: DMCA NOTICE
2741 Seminole Ave, Suite A
South Gate, CA 90280
Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then Company may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at the sole discretion of Company.
2741 Seminole Ave.
South Gate, CA 90280