Terms of Use - Narie, LLC

GENERAL

These General Terms and Conditions (“Terms”) are acknowledged and agreed to by and between you and Narie, LLC (“Narie”). Anyone accessing or using the website located at www.narieclothing.com, our mobile application(s), our blog(s), and any other website(s) owned and/or operated by Narie, LLC (including any of its subsidiaries or corporate affiliates, collectively, "Narie" "we," "us" or "our") and any of their associated web pages (collectively, our “Services”). By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain Services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant Services, and those additional terms will become part of these Terms when you use those services.

 

CHANGES IN TERMS

Narie shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Narie website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Narie website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Narie to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Narie shall be valid or enforceable against Narie unless expressly agreed to by Narie in a writing signed by a duly authorized officer of Narie.

 

TERMINATION

Narie reserves the right to immediately terminate your access to and continued use of the Narie website or any portion thereof, at any time and for any reason, with or without cause. Narie shall have no liability for termination of your use of the website or any portion thereof. Upon termination of your access to and use of the website or any portion thereof by Narie, your right to use the Narie website shall immediately cease.

 

COMPLIANCES WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Narie website and your purchase of items from Narie (if applicable) on the Narie website.

 

CONTENT

All design and content featured on the Narie website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content", and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Narie. The Content may contain errors, omissions, or typographical errors or may be out of date. Narie may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Narie in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Narie website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices, if any. Except as provided in the foregoing, Narie does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Narie website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Narie, is strictly prohibited.

 

THIRD PARTY SITES

Links to other Internet websites operated by third parties, including Narie vendors, do not constitute sponsorship, endorsement, or approval by Narie of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Narie, and Narie is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

 

ERRORS

In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.

 

DISCLAIMER

NARIE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE NARIE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. NARIE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE NARIE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT NARIE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE NARIE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NARIE, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE NARIE WEBSITE, EVEN IF NARIE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NARIE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Narie, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, Narie and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Narie reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Narie in asserting any available defenses. This indemnity provision does not apply to residents of states or jurisdictions that may view such provisions as unenforceable or illegal.

 

GOVERNING LAW

The laws of the State of California will govern these Terms and any disclaimers, terms, and conditions applicable thereto. Any dispute relating in any way to your visit to Narie’s website or products purchased on the site shall be submitted to confidential arbitration in Los Angeles, California, except in regards to issues regarding violations of Narie’s intellectual property rights, which we may seek relief from in any state or federal court in the State of California. By using the Narie’s website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California.

By using Narie’s website you agree that Narie’s remedy at law for any actual or threatened breach of these Terms would be inadequate. As such, Narie’s shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

 

OUR ADDRESS

Please send any questions regarding these Terms to: Narie, LLC, via email to cs@narieclothing.com or by mail to Narie, LLC at 3 Park Plaza, Suite 150, Irvine, CA  92614.

 

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