- Accepting These Terms. This website, https://whereimfrom.com (“Website”) is hosted by Where I’m From Apparel, LLC (“WIF” or “we” or “our” or “us”). These Terms and Conditions of Use (“Terms”) set out your rights and responsibilities when you use the Website or any other WIF website, so please read these Terms carefully. By using the Website, you agree to be bound by all of these Terms. You may print a copy of these Terms for your records. If you do not agree to these Terms, then do not use the Website. We may, from time to time, modify the Terms. When we make changes, we will post the new Terms on the Website. The changes will be effective when posted unless otherwise specified. By using the Website after changes are posted, you are agreeing to accept the changes, whether you actually review them or not. So, you should check the Terms posted on the Website periodically.
- Users; User Responsibilities. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion. Minors between the ages of thirteen (13) and eighteen (18) are only permitted to use the Website through an account owned by their parent/legal guardian, with the parent/legal guardian’s permission and supervision. Children under the age of thirteen (13) should not use the Website. Parents/legal guardians are responsible for any and all account activity conducted by a minor on the parent/legal guardian’s account. In connection with your use of the Website, you agree to comply with all applicable laws and any other limitations set forth in any written or on-screen notice from WIF. As a condition of your use of the Website, you warrant that: (A) you will not use the Website for any purpose that is unlawful or prohibited by these Terms; (B) all information you provide in connection with a transaction or other interaction with the Website will be accurate, complete, and current; (C) you will pay all charges incurred on your account and/or by users of your credit card, debit card, or other payment method used in connection with a transaction or other interaction with WIF, at the prices in effect when such charges are incurred and including any applicable taxes.
- Trademarks, Copyrights, and Restrictions. The material included on the Website including, but not limited to, text, images, photographs, graphics, user interface, music and other content, and the selection, coordination, and arrangement of such content, is all owned and copyrighted by WIF and/or its third-party licensors. The name “WHERE I’M FROM” and other marks indicated on our Website, are trademarks or registered trademarks of WIF. ALL RIGHTS THEREIN ARE RESERVED. The Website and all Material on the Website including, but not limited to, product names, company names, trade names, images, graphics, logos, page headers, button icons, scripts, product packaging, trade dress, and designs (collectively, “Material”), whether or not appearing in large print or with the trademark symbol, are the property of WIF, its affiliates, and/or third-party owners and are protected from unauthorized copying, reproduction, imitation, dilution, confusing or misleading uses, and dissemination under United States and/or international copyright laws, trademark laws, and/or other intellectual property laws. You may not copy, duplicate, reproduce, edit, manipulate, modify, rent, sell, display, publish, republish, create derivative works from, display, perform, upload, post, broadcast, or transmit or distribute Material in any way whatsoever, nor use Material in litigation or for any commercial or promotional purposes without WIF’s prior consent or the consent of its affiliates and/or third-party licensors (if applicable). Any use or misuse of any Material that is not expressly permitted by these Terms is expressly prohibited. Nothing stated or implied on the Website confers on you any license or right under any trademark or copyright of WIF or any third party.
- Notice of Infringement. WIF respects the intellectual property of others and is committed to following appropriate legal procedures with respect to infringing content. If you believe that any content you own or have rights is being used on the Website without your consent or in a way that infringes your copyright or trademark rights, you may request that WIF remove such content by contacting WIF and providing the following information: (1) A clear statement identifying the work or materials you claim is being infringed; (2) A statement identifying the allegedly infringing material on the Website that you are requesting be removed; (3) Your name, address, daytime telephone number, and email address (if available) where WIF can contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyright or trademark is not authorized by the owner, its agent, or the law; (5) A statement that the information supplied is accurate and, under penalty of perjury, that the signatory is either the owner of the copyright or trademark that is allegedly infringed or is authorized to act on behalf of such owner; and (6) An electronic or physical signature of the copyright/trademark owner or authorized representative. All such notices shall be delivered to WIF’s legal counsel as follows: Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., 4775 Munson Street NW, Canton, Ohio 44718, with a copy sent via email to WIF at: firstname.lastname@example.org.
- User Comments. We welcome your comments about the Website or our products and services. However, any comments, feedback, notes, messages, ideas, images, drawings, suggestions, or other communications (collectively, “Comments”) sent to us, whether through the Website or by e-mail, facsimile, U.S. mail, or other means, will be considered non-confidential and non-proprietary to you, and shall become and remain the exclusive property of WIF. Your submission of any Comments to us shall constitute an irrevocable assignment to WIF of any and all worldwide rights, titles, and interests in and to all copyrights and other intellectual property rights in the Comments. WIF and its affiliates will have the right to use, reproduce, disclose, publish, and distribute any or all Comments (or portions thereof) for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, please do not send us any Comments which you do not intend to assign to WIF, including any original creative materials such as stories, product ideas, computer code, or original artwork.
- Forums. As used in these Terms, a “Forum” is any area, site, or feature (such as chat rooms, bulletin boards, e-mail, or instant messaging features) offered by or through the Website that enables visitors to submit, display, and/or view content and/or to communicate, share, or exchange content with other Website visitors and members of the general public. Any Forum submission may be routed through WIF’s servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public). Accordingly, you have no expectation of privacy for any content you submit in a Forum. WIF cannot guarantee the security of any information in a Forum, so your use and participation in any Forum is at your own risk. WIF is not responsible for the accuracy of any user content contained in any Forum or otherwise on our Website. You may only use Forums in a noncommercial manner.
- Submitted Content. Contests: If you submit any content (e.g., ideas, photographs, or works of authorship) to WIF in connection with a contest, sweepstakes, or other promotional activity (collectively, a “Contest”), then by and in consideration of your submission you will be deemed to have assigned to WIF all right, title, and interest you may have in and to the content, and you agree to execute any documentation WIF requests to effect or memorialize such transfer. Forums: If you post or submit any content (e.g., text, images, photos, video, sounds, or any other materials) in a Forum, WIF claims no ownership rights in any such content; however, you do agree that any such post or submission will grant WIF a limited, non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, sublicense, and distribute such content in connection with the Website. You further agree to waive any “moral rights” associated with such content you submit or post. You represent and warrant that: (A) you own any content you post on the Website or in a Forum, or that you submit to WIF in connection with a Contest or otherwise, and you have the right to grant a license to WIF or assign your right, title, and interest to WIF as stated in above in this paragraph; and (B) your post or publishing of any content on or in connection with the Website, a Forum, or a Contest does not violate any third party’s intellectual property, publicity, privacy, or contract rights. WIF may edit or delete any content provided by you at any time, at WIF’s sole discretion. Further, WIF may screen or monitor any submitted content for legal or other purposes, although we have no obligation to do so. If any terms other than these Terms apply to any such submission or post, WIF will post the additional or different terms at the location of the activity.
- User Conduct. You are prohibited from and agree that you will not: (A) reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or any portion thereof (including, but not limited to, product listings, product descriptions, prices, images, graphics, and trademarks) for any commercial purpose without WIF’s express written consent (in WIF’s sole discretion); (B) make derivative use of the Website or its content; (C) download or copy any account information for the benefit of another merchant; (D) use any data mining, robots, spiders, or similar data-gathering or extraction tools; (E) frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WIF or otherwise found on the Website without WIF’s express written consent (in WIF’s sole discretion); (F) use Meta tags or any other hidden text using WIF’s name or trademarks without WIF’s express written consent (in WIF’s sole discretion); (G) submit any content on or through the Website that is or that WIF considers to be libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; (H) invade the privacy or violate the personal or proprietary (including intellectual property and confidentiality) rights of any person or entity; (I) violate any applicable local, state, federal, or international law while using or accessing the Website; (J) attempt to transmit any “virus” or “Trojan horse” or other software destruction or disruption device; (K) violate or attempt to violate the security of the Website by, for example but without limitation, accessing data not intended for you, logging into a server or account that you are not authorized to access, attempting to probe, scan, or test, the vulnerability of a system or network, or attempting to breach security or authentication measures; (L) attempt to interfere with service to any user, host, or network by, for example but without limitation, submitting a virus to or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website; (M) send unsolicited email including promotions or advertising of products or services, or forge any TCP/IP packet header or any part of the header information in any email or posting.
- Third Party Websites. The Website may contain links or hyperlinks (“Links”) to websites operated by persons or entities other than WIF (“Third-Party Sites”). Any such Links are provided for your convenience only, and you access them at your own risk. WIF is has no control over and will not be responsible for the content of any Third-Party Sites. A Link to a Third-Party Site does not imply or mean that WIF endorses or accepts any responsibility for the content on or use of such Third-Party Site. In no event shall any reference or Link to a Third-Party Site or third-party product or service be construed as WIF’s approval or endorsement of such Third-Party Site or any third-party product or service. WIF is not responsible or liable to you for any loss or damage you might incur as a result of any dealings with any Third-Party Sites or third parties.
- Risk of Loss. WIF uses independent carriers that are not affiliated with or controlled by WIF to deliver all products purchased through the Website. Upon WIF’s delivery of products you purchase to the independent carrier, title to and risk of loss of all such products transfers to you.
- Product Information. WIF attempts to accurately describe its products, including using reasonable efforts to accurately display the colors of products offered on the Website. However, the actual images and colors you see will depend on your technological equipment, so WIF cannot guarantee that your equipment will accurately display any image or color. WIF does not warrant that product descriptions or other content on the Website are complete, reliable, current, or error-free. In some cases, merchandise displayed for sale at the Website may not be available in retail stores or on the website. Pricing and availability are subject to change without notice. Unless otherwise stated, the prices displayed on the Website are quoted in U.S. Dollars.
- Indemnification. By using the Website, you agree to defend, indemnify, and hold harmless WIF and its affiliates, successors and assigns, and their respective directors, officers, employees, agents, co-branders, and other partners (collectively, the “WIF Parties”) from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees and expenses), and judgments of any kind or nature, incurred by any of the WIF Parties arising out of or relating to your use of the Website, violation or alleged violation of these Terms, or violation of any rights of another (including, but not limited to, any third-party claims of infringement). WIF reserves the right to control the defense of any matter covered by this Indemnification provision, at your expense, and you agree to cooperate in such defense.
- DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY.
WIF PROVIDES THE WEBSITE ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND (EXPRESS OR IMPLIED), AND YOUR USAGE OF THE WEBSITE IS AT YOUR OWN RISK. WIF DOES NOT GUARANTEE: (A) THAT THE INFORMATION ON THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT; (B) THAT THERE WILL BE NO DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (C) THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) THAT ANY DEFECTS OR ERRORS IN SERVICE WILL BE CORRECTED; OR (E) THAT THE CONTENT ON THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIF EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE OR COURSE OF DEALING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE WIF PARTIES, NOR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, WILL BE LIABLE TO YOU FOR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR YOUR ACCESS, USE, OR MISUSE OF THE WEBSITE, OR YOUR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE WIF PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR MISUSE OF THE WEBSITE, OR YOUR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), EXCEED THE GREATER OF (a) TEN DOLLARS ($10.00), OR (b) THE AMOUNT YOU HAVE PAID WIF DURING THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Questions; Contact WIF. If you have any questions about these Terms, please contact us via email addressed to: email@example.com.