DISCLAIMER

NO WARRANTY

THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY

IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD VINTAGESWEATSHIRT.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, EMAIL, FORUMS, THE SERVICES OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. LA MER COLLECTIONS SHALL NOT BE LIABLE EVEN IF LA MER COLLECTIONS OR AN AUTHORIZED REPRESENTATIVE OF LA MER COLLECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF VINTAGESWEATSHIRT.COM ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITE OR THE SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO VINTAGESWEATSHIRT.COM IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

INDEMNIFICATION

(a) You agree to indemnify, defend and hold harmless 'Vintage Sweatshirt', its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of VINTAGESWEATSHIRT'S successors, assigns and licensees. (b) The Services, the Websites and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Website and any related products. You shall indemnify and hold harmless officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, the Website and any related products. (c) You covenant to cooperate fully in the defense of any claim.

TERMS AND TERMINATION

The term of this Agreement shall commence when you first visit the Website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. VINTAGESWEATSHIRT may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Website and/or the Services in its sole discretion. Without limiting the foregoing, Vintage Sweatshirt has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that VintageSweatshirt.com, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website and/or use the Services. Without limiting any other rights VintageSweatshirt.com has, you understand and acknowledge that, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach these Terms and Conditions.

CHANGES

The Content on this website and these Terms and Conditions are subject to change and updating by VINTAGESWEATSHIRT and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

PRIVACY

APPLICABLE LAW; JURISDICTION

Persons who access this Website do so at their own initiative, and are responsible for compliance with applicable local laws and regulations. The laws of the State of Michigan will govern these Terms and Conditions, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and this Agreement shall be settled in the courts of competent jurisdiction in Bloomfield Hills, MI. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries for protection of the Company’s intellectual property rights.

GENERAL

These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.

TERMINATION

This Agreement is effective unless and until terminated by either you or VintageSweatshirt.com. You may terminate this Agreement at any time by discontinuing use of the Site. VintageSweatshirt.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in VintageSweatshirt’s sole discretion you fail to comply with any term or provision of this Agreement.