1. Website Terms of Use
PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS OF USE") BEFORE USING THIS WEB SITE, AS USE OF THE WEB SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS WEB SITE OR PURCAHSE PRODUCTS IF YOU DO NOT AGREE.
This Agreement is between You ("You") and 2Serpent Gear pursuant to which 2Serpent Gear is prepared to grant You access to The Website.
Welcome to the website and other interactive features that are accessible or downloadable through, or related to, the website and owned and operated 2Serpent Gear. 2Serpent Gear provides you access to The BadaSSitude Tees & Gear website,http://badassitudetees.com, http://www.mybadassitude.com, http://www.2serpent.com, http://www.badassitudeteesandgear.com) (The Website or Our Website) and the information and other materials available on and through The Website, subject to your compliance with the terms and conditions set forth below.
2Serpent Gear reserves the right to change this Agreement from time to time at its sole discretion, and Your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of Your visit, use or purchase. If You do not agree with these or revised terms of use, do not use The Website.
This Agreement is in addition to Your obligations and rights under the Privacy Policy posted on The Website. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on The Website, this Agreement will control. If You are unsure of Your rights under this Agreement, please contact us as set forth below.
2. License and Site Access
2Serpent Gear grants You a limited license to access and make personal use of The Website and not to download or modify it, or any portion of it, except with express written consent of 2Serpent Gear. This license does not include any resale or commercial use of The Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of This Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 2Serpent Gear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Website and its affiliates (including the parent company, "Affiliates") without express written consent from 2Serpent Gear. Any unauthorized use terminates the permission or license granted by 2Serpent Gear.
3. Trademarks and Service Marks
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in The Website are trademarks of 2Serpent Gear or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, 2Serpent Gear. 2Serpent Gear and its Logo are, without limitation, among the registered trademarks of 2Serpent Gear and its Affiliates. Infringement of any 2Serpent Gear or Our Website trademark is not permitted.
4. Copyrights
All content including product designs (including any and all collateral materials relating thereto) included on The Website are owned by 2Serpent Gear and/or its licensors and protected by copyright laws and/or design patents. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs without 2Serpent Gear’s express written agreement.
5. Membership Eligibility
The Website is not available to any users suspended or removed from the system by 2Serpent Gear for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your account on Our Website to another party. If you do not qualify, you may not use The Website.
6. Your Account
In consideration of your use of The Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the
7. Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of The Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of The Website may be subject to prosecution.
8. Our Products
2Serpent Gear attempts to be as accurate as possible in its product descriptions found on The Website. However, 2Serpent Gear does not warrant that product and price descriptions or other content of The Website are error-free.
9. Communications and Other Content
Site visitors may submit suggestions, ideas, comments, questions, or other information, to 2Serpent Gear so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If You do submit material, You automatically grant 2Serpent Gear and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant 2Serpent Gear and its Affiliates and sublicensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You submit; that the content is accurate; that use of the content You supply does not violate these terms of use and will not cause injury to any person or entity; that the content you supply does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that You will indemnify 2Serpent Gear or its Affiliates for all claims resulting from content You supply. 2Serpent Gear has the right but not the obligation to monitor and edit or remove any activity or content. 2Serpent Gear takes no responsibility and assumes no liability for any content shared by You or any third party through The Website.
10. Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY 2SERPENT GEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS. 2SERPENT GEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 2SERPENT GEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2SERPENT GEAR DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. 2SERPENT GEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL 2SERPENT GEAR’S LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND THESE TERMS OF USE AND THE PRIVACY POLICY EXCEED $500.00. 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, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Indemnification
You agree to indemnify 2Serpent Gear and its Affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that 2Serpent Gear may incur as a result of Your breach of any of these Terms of Use or any claims brought relating to information submitted by You or actions taken by You. We will provide You with timely notice of any such claim, suit or proceeding.
12. Privacy
Please review our Privacy Policy, which also governs Your visit to The Website, to understand our practices.
13. Security
Please review our security practices set forth in our Privacy Policy.
