Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement
was last updated on February 3, 2009.
This Terms of Use Agreement sets forth the
standards of use of the Checkpoint Clothing Online Service. By
using the http://www.checkpointcloting.com website you (the “Member”) agree to these terms and
conditions. If you do not agree to the terms and conditions of
this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately
upon being posted at http://www.checkpointclothing.com website. Your
continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be
amended.
1. Description of Service
Checkpoint Clothing is providing Member with
Checkpoint Clothing t-shirts. Member must provide (1) all equipment necessary
for their own Internet connection, including computer and modem
and (2) provide for Member’s access to the Internet, and
(3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Checkpoint Clothing
on an “as is” and
on an “as available” basis. To the fullest extent
permitted by applicable law, Checkpoint Clothing makes no representations
or warranties of any kind, express or implied, regarding the use
or the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. Checkpoint Clothing shall have
no liability for any interruptions in the use of this Website. Checkpoint
Clothing disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
CHECKPOINT CLOTHING SHALL NOT be liable for any damages whatsoever,
and in particular CHECKPOINT CLOTHING shall not be liable for any
special, indirect, consequential, or incidental damages, or damages
for lost profits, loss of revenue, or loss of use, arising out
of or related to this web site or the information contained in
it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if CHECKPOINT CLOTHING
has been advised of the possibility of such damages. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS
IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Checkpoint
Clothing its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees
and costs, made by any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer,
of any intellectual property or any other right of any person or
entity.
5. Modifications and Interruption to Service
Checkpoint Clothing reserves the right to modify or discontinue
the Service with or without notice to the Member. Checkpoint Clothing
shall not be liable to Member or any third party should Checkpoint
Clothing exercise its right to modify or discontinue the Service.
Member acknowledges and accepts that Checkpoint Clothing does not
guarantee continuous, uninterrupted or secure access to our website
and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites
on the Internet that are owned and operated by online merchants
and other third parties. You
acknowledge that we are not responsible for the availability of,
or the content located on or through, any third-party site. You
should contact the site administrator or webmaster for those third-party
sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each site,
and we are not responsible therein. We encourage all Members to
review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information
have either been provided by the Vendors or collected from publicly
available sources. While
Checkpoint Clothing makes every effort to ensure that the information
on this website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any information
provided on this website.
Checkpoint Clothing makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor, and
you acknowledge that any reliance on representations and warranties
provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts Texas
Our website is operated and provided in the
State of Texas. As
such, we are subject to the laws of the State of Texas, and such
laws will govern this Terms of Use, without giving effect to any
choice of law rules. We make no representation that our website
or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State
of Texas.
9. Compliance with Laws.
Member assumes all knowledge of applicable
law and is responsible for compliance with any such laws. Member
may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government
requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable
local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this
site, including site design, text, graphics, interfaces, and
the selection and arrangements thereof is ©2005 http://www.checkpointclothing.com, with all
rights reserved, or is the property of Checkpoint Clothing and/or
third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an
authorized officer of Checkpoint Clothing is strictly prohibited. Members
agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the
content contained therein without prior written permission of an
authorized officer of Checkpoint Clothing.
Checkpoint™ and http://checkpointclothing.com™ are
proprietary marks of Checkpoint Clothing. Checkpoint Clothing’s
trademarks may not be used in connection with any product or service
that is not provided by Checkpoint Clothing, in any manner that
is likely to cause confusion among customers, or in any manner
that disparages or discredits Checkpoint Clothing.
All other trademarks displayed on Checkpoint
Clothing’s
website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors
is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Checkpoint Clothing.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Checkpoint Clothing
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
Tyler Wall
By Mail
2106 Barak Ln
Bryan, Tx 77802
By Telephone: 979-450-8282
By Email: [Insert Address]
12. Other Terms
If any provision of this Terms of Use Agreement
shall be unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable
to the maximum possible extent. You agree that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by Checkpoint
Clothing in our sole discretion, to a third party in the event
of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation
as a Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and disclosure of
their personally identifiable information and other practices described
in our Privacy Policy Statement[if applicable].
