PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
* Products, Content and
Specifications. All features, content, specifications, products and prices of
products and services described or depicted on this Web Site are subject to
change at any time without notice. Certain weights, measures and similar
descriptions are approximate and are provided for convenience purposes only. We
make all reasonable efforts to accurately display the attributes of our
products, including the applicable colors; however, the actual color you see
will depend on your computer system and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products or services
in this Web Site at a particular time does not imply or warrant that these
products or services will be available at any time. It is your responsibility
to ascertain and obey all applicable local, state, federal and international
laws (including minimum age requirements) in regard to the possession, use and
sale of any item purchased from this Web Site. By placing an order, you
represent that the products ordered will be used only in a lawful manner.
* Shipping Limitations When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
* Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
* Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Rook Clothing Company, LLC is protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
* Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.
* Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
* Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
* Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
* Gift Certificates. Gift certificates can only be redeemed via purchases made on this website, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. 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.
* DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES
PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF
ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE
MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
* LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM
WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE
USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES
THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE
REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH
SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO
SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
* Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
* Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
* Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
Rook Clothing Company, LLC provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Rook Clothing Company, LLC may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.
Occasionally there may be information on rookbrand.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade and/or other intellectual property owned, controlled, or licensed by Rook Clothing Company, LLC. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Rook Clothing Company, LLC.
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.
TAX ON ORDERS PLACED ONLINE
If the destination state collects sales tax, we will collect that tax on your order. The legal definition of "nexus" - the "presence" of a company in a certain state - means that the presence of a Rook Clothing Company, LLC dealer in a state is enough for a state to collect sales tax; Rook Clothing Company, LLC remits this money to the proper state.
USER COMMENTS, MATERIALS, FEEDBACK, AND POSTCARDS
It is Rook Clothing Company, LLCs’ company policy not to accept or consider unsolicited creative ideas, suggestions, materials, or business proposals from persons or entities outside our company. If at our request you send certain specific submissions (for example, a photograph, or story), or if despite our request that you not send us unsolicited creative materials, you send us other suggestions, comments, feedback, ideas, postcards, opinions, concepts, graphics, text, drawings, or other materials (all of the foregoing, collectively, the "Materials"), all such Materials, submitted or offered to Rook Clothing Company, LLC on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site shall be and remain Rook Clothing Company, LLC’ property. Such disclosure, submission, or offer of any Materials shall constitute an assignment to Rook Clothing Company, LLC of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Materials. Thus, Rook Clothing Company, LLC will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Materials. Rook Clothing Company, LLC is and shall be under no obligation (1) to maintain any Materials in confidence; (2) to pay to the user any compensation for any Materials; or (3) to respond to any user Materials.
You agree that no Materials submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Materials you submit.
Products displayed on rookbrand.com are available in select Rook Clothing Company, LLC stores in the United States. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S. and are subject to change at any time.
We have made every effort to display as accurately as possible the colors of our products that appear on our Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to other websites that are not under the control of Rook Clothing Company, LLC. Rook Clothing Company, LLC has no responsibility for the linked websites, nor does it necessarily endorse the linked websites. Rook Clothing Company, LLC provides the links solely for the convenience and information of our Site users.
Rook Clothing Company, LLC PROVIDES THE MATERIALS ON THIS SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Rook Clothing Company, LLC EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH Rook Clothing Company, LLC MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER ACKNOWLEDGE THAT Rook Clothing Company, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting products and services provided by Rook Clothing Company, LLC available in the United States.
INFORMATION WE COLLECT
We do not share information about you with other companies. We automatically collect your IP address, but not your email address, when you visit our site. We use your IP address to help diagnose problems with our server, and to administer our Web site.
We collect your contact information (like email address) and financial information (like credit card numbers). Contact information from the order form is used to send orders and information about our company to you. Financial information that is collected is used to bill you for products and services.
HOW WE USE YOUR INFORMATION
We use your mailing address to ship your products to you, and to verify your billing information. We do not share our customer names, mailing addresses or email addresses with anyone outside of Rook Clothing Company, LLC.