PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
Please read and review these Terms of Service carefully before accessing or using this website. By accessing or using this site, you acknowledge and agree that you have read, understood and agreed to the Terms of Service Agreement. If you do not agree to these terms and conditions, you may not access or use the site. We may update and modify these Terms of Service from time to time. Your continued use of apathyclothing.com following the posting of any changes to these terms shall mean that you have accepted those changes.
THIS IS AN AGREEMENT
The following are terms of a legal agreement between you and Apathyclothing. By accessing and/or using the website Apathyclothing.com, including any subsite accessible through the homepage (the “Site”), you acknowledge that you have read, and agree to be bound by, this agreement. If you do not agree to these terms, do not use the Site or authorize its use by others.
USE BY CHILDREN
This site is not intended for use by children. If you are under the age of majority (which is 18 in most states), you may not purchase any products from this Site, and you may only use this Site with the involvement of your parent or guardian. We strongly encourage all parents and guardians to supervise and monitor Internet use by their children. If you use the Site, you affirm you are at least 18 years old.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are the copyrighted property of Apathy Clothing or its affiliates and licensors, unless otherwise noted. All trademarks, service marks, and trade names are proprietary to Apathy Clothing or its affiliates and licensors, unless otherwise noted. No material from the Site or any other Internet site owned, operated, licensed, or controlled by Apathy Clothing may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written consent, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you keep all copyright and other proprietary notices intact; no modifications are made to the materials; you do not use the materials in any manner suggesting an association with any of our products, services, or brands; you do not download quantities of materials to a database for any reason.
All content on the Site, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, is the property of Apathy Clothing or its affiliates or licensors, unless otherwise noted, and is protected by United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. All content on this site, including articles, artwork, screen shots, graphics, logos digital downloads and other files, may not be used on any other website, in any publications, in public performances, in connection with any product or service that is not Apathyclothing’s, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Apathy Clothing, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes ApathyClothing ’s intellectual property rights. Apathy Clothing does not grant permission to individuals to use any content from this Site. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any content on the Site, including but not limited to content that you may have created, developed, or submitted.
We accept notifications by email at [email protected], or by postal mail at the following address:
ADD: 1699 Peck Court, Anaheim, CA 92805
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns & Refunds Policy.
Apathy Clothing does not allow or condone links to its website, pages, materials, or information without prior inspection, evaluation, and written consent by Apathy Clothing. Neither Apathy Clothing nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates is responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this Site in such context. Apathy Clothing is not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to this Site with Apathyclothing’s consent.
In connection with the use of the Site you shall comply with all applicable laws and legal obligations, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. The materials and information available on the Site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal prosecution and penalties.
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, product reviews, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claims that the use of any such material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way Apathy Clothing uses such material.
By submitting information to the Site, you grant Apathy Clothing and its successors and assigns a perpetual, royalty-free, worldwide license to use, transmit, copy, modify, create derivative works from, publish, and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No consideration or compensation need be made for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted in any manner.
RESPONSIBILITY FOR USER’S MATERIAL
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful 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. Although Apathy Clothing may from time to time monitor or review bulletin boards, chatrooms, discussions, product reviews, postings, transmissions, and the like on the Site, Apathy Clothing is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Apathyclothing may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, offensive, otherwise objectionable or that violate Apathyclothing’s policies in any way. Apathyclothing will fully cooperate with any law enforcement authorities or court order requesting or directing Apathy Clothing to disclose the identity of anyone posting such materials.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Apathy Clothing does not cause Apathy Clothing or any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates to have any special responsibility to you.
This Site may refer to contests, sweepstakes or similar events that offer prizes or that require you to send in material or information about yourself. Each contest, sweepstakes or other such event has its own rules, which you must read and agree to before you may enter.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
REGISTRATION; SUSPENSION OF ACCOUNT
If you elect to register to use this Site, or to participate in any sweepstakes or contest, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by this Site’s registration form (such information being the “Registration Data”), and (2) maintain and promptly update the Registration Data to keep it accurate. You are responsible for keeping your account information and password confidential, and you are responsible for all activity that occurs under your account. You agree to promptly notify us of any unauthorized use of your username, password, or other account information. Apathy Clothing has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if you provide any information that is untrue, inaccurate, or incomplete, or if Apathy Clothing suspects in its sole discretion that it has grounds to believe that such is the case.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree to indemnify, defend and hold harmless Apathy Clothing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
ORDER PROCESS; ERRORS
You will have the opportunity to review and confirm your order, including delivery address, payment method, and product details. We will send you a notice when we accept your order and our acceptance will be complete at the time we send the notice. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. For example, if there are obvious errors on the Site or made in connection with your order, inaccuracies in product or pricing information or product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain product or service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
Prices shown on the Sites exclude all taxes or charges that may apply to your purchase. Prices shown on the Site also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price.
The Site gives you different payment options. We reserve the right to change our payment options at any time and for any reason. When you provide bank card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites. Credits or refunds will be made to the same method of payment and account used to place the order.
Our returns policy is in addition to any statutory rights you may have under law. We will accept any items returned in accordance with our Returns & Refunds Policy described on our returns page (“Returns & Refunds Policy”). We may deny any return if it fails to meet our return criteria described in our Returns & Refunds Policy. For additional information on our returns process and policy, please visit our Returns & Refunds Policy.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT 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 OUR SITE, AND THAT NEITHER APATHY CLOTHING NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO APATHY CLOTHING’S NEGLIGENCE, SHALL APATHY CLOTHING OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF APATHY CLOTHING OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF APATHY CLOTHING AND AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR AMOUNTS PAID BY YOU.
APATHY CLOTHING’S RIGHT TO MODIFY THESE TERMS OF SERVICE OR CONTENT ON THE SITE
Apathy Clothing may add to, change, or remove any part of these Terms of Service at any time, without notice. Any changes to these Terms of Service or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Apathy Clothing may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
You agree to indemnify, defend, and hold Apathy Clothing and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. Apathy Clothing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Apathy Clothing.
These Terms of Service and any additional terms posted on this Site together constitute the entire agreement between Apathy Clothing and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms of Service shall continue in full force and effect. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provisions, as applied to agreements executed by California residents and performed solely within the State of California, and you submit to personal jurisdiction in California. The parties irrevocably agree that the state and federal courts located in the State of California, U.S.A. shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with these Terms of Service in respect of any claim brought against Apathy Clothing by you and shall have non-exclusive jurisdiction in respect of any claim brought against you by Apathy Clothing. You submit to personal jurisdiction in California and agree to accept service of process by mail in the state in which your residence is located as specified by you to Apathyclothing. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision shall survive termination or expiration of this Agreement.
Questions about the Terms of Service should be sent to us at [email protected]