Last updated: March 01, 2023
Introduction
Welcome to the Big Dart® Blouses, Clothing website (the “Site”). These Terms and Conditions are a legally binding contract between you and Big Dart® Blouses, Clothing regarding your use of the Site.
Please read through these Terms carefully before using our Site. By accessing or using the Site, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not use the Site.
Section 1 – General Terms
1.1. Eligibility
You must be at least 18 years old to access or use the Site. If you are under 18, you may only use the Site with involvement and consent of a parent or legal guardian.
1.2. Site Access
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for your own personal use.
You may not:
- Copy, modify, distribute, sell, or lease any part of the Site.
- Reverse engineer or attempt to extract the source code of the Site.
- Use the Site for any commercial purpose or any public display.
- Use data mining, robots, spiders, or similar data gathering and extraction tools on the Site.
- Attempt to interfere with or disrupt the Site, including attempting to interfere with the access of any other user.
1.3. Site Availability
We try to make the Site available 24/7. However, we do not guarantee the Site will be available at all times. We may change, suspend, or discontinue all or any part of the Site at any time. We are not responsible for any loss or damage that may result from the Site being unavailable.
1.4. User Accounts
In order to access certain features, you may be required to register and create an account on the Site.
When registering, you must provide accurate and complete information. You are solely responsible for any activity that occurs under your account.
You must safeguard your account credentials and notify us immediately if you suspect any unauthorized use of your account. You may not transfer your account to anyone else without our written permission.
1.5. User Content
Content posted by users, such as reviews or comments, may be viewed by others on the Site. You are solely responsible for any content you post and must ensure it is lawful, accurate, and not harmful to others.
We reserve the right to remove any content in our sole discretion, but are not obligated to screen or monitor user content.
1.6. Fees
The Site is currently available free of charge. However, we reserve the right to charge fees for certain offerings or change any free services to paid at any time.
Any paid services will be clearly marked with the applicable fees. By providing payment information, you authorize us to charge the applicable fees plus any taxes.
1.7. Links to Third Party Sites
The Site may contain links to third party websites and services. Such links are provided for your convenience only. We do not endorse or assume liability for the content or accuracy of those sites. If you access a third party site from our Site, any data you provide is subject to that site’s privacy practices and not ours.
Section 2 – Intellectual Property
2.1. Site Content
The content on the Site, including logos, graphics, images, designs, audio, video, text, functions and software is our property or the property of our licensors and is protected by United States and international copyright, trademark and other intellectual property laws.
2.2. Trademarks
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. All other trademarks not owned by us are the property of their respective owners.
2.3. User Content License
By posting or submitting any material on or through the Site, you grant us an irrevocable, perpetual, non-exclusive, transferable, royalty-free worldwide license to use, modify, copy, display and distribute that content. You confirm and warrant that you own or have the necessary licenses and permissions to grant the rights to your content as described.
Section 3 – Acceptable Use Policy
You agree not to misuse the Site or help anyone else to do so. For example, you must not do any of the following:
- Post, upload, share, or otherwise transmit any unlawful, defamatory, threatening, obscene or harmful content.
- Infringe the intellectual property rights of Big Dart® Blouses, Clothing or any third party.
- Circumvent or manipulate our fee structure, billing process, or fees owed.
- Attempt to gain unauthorized access to the Site, user accounts, or our networks.
- Use the Site for any harmful, illegal or unethical purpose.
- Engage in any activity that violates laws or regulations.
- Introduce or spread any viruses, worms, defects, Trojan horses, malware or any other harmful material.
- Use any data mining or similar data gathering and extraction methods in connection with the Site.
- Attempt to interfere with or disrupt the proper functioning of the Site.
Section 4 – Disclaimers and Limitation of Liability
4.1. No Warranties
THE SITE AND ALL MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
4.2. No Liability for Third Party Goods/Services
We make no warranties or representations and assume no liability regarding any goods, services or materials purchased or obtained from third parties based on information on the Site. Transactions with third parties are solely between you and the third party.
4.3. Limitation of Liability
IN NO EVENT SHALL BIG DART® BLOUSES, CLOTHING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE SITE OR MATERIALS, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
OUR MAXIMUM LIABILITY FOR ALL DAMAGES RELATING TO THE SITE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST YEAR.
Section 5 – Indemnification
You will fully indemnify, defend and hold harmless Big Dart® Blouses, Clothing and our affiliates, agents, contractors and employees from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney fees) arising out of or relating to your use of the Site or any breach by you of these Terms and Conditions.
Section 6 – Termination
We may terminate your access to and use of the Site at our sole discretion, at any time and for any reason, including for a breach of these Terms and Conditions.
If your access is terminated, your account and right to access or use the Site will be deactivated immediately. You shall not attempt to use the Site after termination.
Section 7 – Governing Law and Jurisdiction
These Terms and your use of the Site is governed by the laws of the State of Tennessee, without regard to conflict of law principles. Any legal actions or proceedings relating to these Terms or your access to and use of the Site must be brought in the state or federal courts located in Nashville, TN and you consent to the jurisdiction of those courts.
Section 8 – Modifications
We reserve the right to modify these Terms and Conditions at any time by posting the revised terms on this Site. Your continued use of this Site after any changes means you accept the new terms.
Section 9 – Contact Us
If you have any questions about the Terms and Conditions, please contact us at:
Big Dart® Blouses, Clothing
123 Clothing Lane
Nashville, TN 37205
Email: [email protected]
