Last Modified: Apr. 22, 2016
These terms and conditions ("Terms") govern and apply to anyone accessing or using the website located at www.pcxapparel.com and any of associated web pages (collectively, the "Services"). Pcx Corp. shall mean "PcxApparel", "PCX", "we", "us" or "our."
Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
PcxApparel reserves the right to update, change, modify or otherwise alter these Terms at any time. Any access or use of the services by you after the changes go into effect shall constitute and be deemed your agreement to these terms. If you do not want to be bound by these Terms, we respectfully ask that you refrain from using or accessing any part of the Services.
We may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
Access to and use of the Services
Unless authorized in writing by PcxApparel, you may use the Services solely for your personal, non-commercial, and transitory viewing use only. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content). This is the grant of a license, not a transfer of title, and under this license you may not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- hack into the Services or any of its websites, or modify another website so as to falsely imply that is associated or affiliated with the Services;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services;
- attempt to reverse engineer any software contained in the Services;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or "mirror" the materials on any other server; or
- access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of PcxApparel.
The website and all Content (as defined below), features and functionality (including but not limited to information, text, displays, images, and designs) that appears as part of or on the Services are the property of PcxApparel and/or a third party host.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, icons, designs, titles, names, copyrighted materials, and any other materials provided on the Services are owned by PcxApparel and/or various third parties. PcxApparel reserves the right, in its sole discretion, to modify, change, delete, omit, update or alter the Content at any time.
The Content appear on PcxApparel's website could include technical, typographical, or photographic errors. PcxApparel does not warrant that any of the materials on its website are accurate, complete, or current. PcxApparel may make changes to its Content from time-to-time without notice. PcxApparel does not, however, make any commitment to update its Content or materials.
Terms of Sale; Risk of Loss
By ordering from PcxApparel, you are:
- offering to purchase a product;
- representing that you are of legal age to form a binding contract;
- representing that all information you provided to us in connection with such order is true and accurate and you are an authorized user of the payment method provided.
The receipt by you of an order confirmation does not constitute PcxApparel's acceptance of an order. We retain the right to refuse any request made by you.
Prior to our acceptance of an order, verification of information may be required. PcxApparel reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from PcxApparel, for any reason whatsoever. PcxApparel reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, PcxApparel shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, PcxApparel shall credit your account in the amount of the incorrect price.
The materials and Content are provided "as is." PcxApparel makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property or other violation of rights. In addition, PcxApparel does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sides linked to this site. PcxApparel shall assume no liability or responsibility for any:
- errors, mistakes or inaccuracies of the content, products, information, services and materials set forth on or made available through the Services;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services or products;
- any unauthorized access to or use of secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the services or third party website(s);
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services or any content, information and materials (including but not limited to third party website(s)) or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.
You expressly understand and agree that your use and reliance upon any and all of the services, products, services, and/or content is at your sole risk and is made available on an "as is" and "as available" basis. All products sold by PcxApparel are subject to any applicable warranties and representations of their respective manufacturers. Therefore, PcxApparel makes no representations or warranty with respect to any products sold, except as may expressly be stated herein. PcxApparel makes no warranties or representations about the accuracy or completeness of the services, products, content of any third-party website linked to or from this site.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
In no event shall PcxApparel or its suppliers be liable for any indirect, consequential, incidental, special, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials provided in the Services, even if PcxApparel or PcxApparel representatives have been notified orally or in writing of the possibility of such damages. Any products, services, comments, and content made available or obtained through the use of the Services, and all other use of the Services, is done at your own discretion and at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
You agree to indemnify, defend, and hold harmless PcxApparel, it's third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, employees, and any and all authorized representatives from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content submitted, posted, or otherwise provided by you to the Services, PcxApparel and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. PcxApparel reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with PcxApparel in asserting any available defenses.
Modification/ termination of services
In the event of termination of the Services, you will still be bound by your obligation under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. PcxApparel shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.
Any claim relating to PcxApparel's website shall be governed by the Laws of the State of Massachusetts without regard to its conflict of law provisions.