Terms & Conditions:
Onestop Internet, Inc. ("Onestop") operates this web site
(the "Web Site") pursuant to agreements with Trina Turk
("Trina Turk"). Trina Turk and Onestop are hereinafter referred
to as "we" or "us".
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incomplete or out of date.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, Trina Turk and/or Onestop and are 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.
* User Information. Other than personally identifiable information,
which is subject to this Web Site's Privacy Policy, any material,
information, suggestions, ideas, concepts, know-how, techniques,
questions, comments or other communication you transmit or post
to this Web Site in any manner ("User Communications")
is and will be considered non-confidential and non-proprietary.
We, each of our affiliates and/or our designees may use any or all
User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner
whatsoever for any or all commercial or non-commercial purposes.
We may, but are not obligated to, monitor or review any User Communications.
We shall have no obligation to use, return, review, or respond to
any User Communications. We will have no liability related to the
content of any such User Communications, whether or not arising
under the laws of copyright, libel, privacy, obscenity, or otherwise.
We retain the right to remove any or all User Communications that
includes any material we deem inappropriate or unacceptable.
* 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.
Additional Assistance. If you do not understand any of the foregoing
Terms and Conditions or if you have any questions or comments, we
invite you to call our Customer
Service Department.
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