THREE BROTHERS NATIVE WEAR DISCLAIMER and TERMS OF USE
- Three Brothers Native Wear (Three Brothers) is an internet styled
mall. By accessing or using the website, you accept and agree to all of the
terms of this Disclaimer and Terms of Use agreement ("Agreement"). Please
read this Agreement carefully before accessing the website.
SERVICE - You acknowledge that the Three Brothers'
website will be comprised of such information, information sources and
information materials as Three Brothers elects to include. Three Brothers
reserves the right to add, alter, substitute or delete information and/or
sources and/or materials included without notice. Three Brothers may also
discontinue or change its content, or its availability to you, at any time
without notice.
INFORMATION USAGE - All information available
through Three Brothers is the property of Three Brothers or its licensors
and information providers, and is protected by copyright and other intellectual
property laws. You may view and print or download information received through
the website solely for your personal, non-commercial use. You agree not to
reproduce, retransmit, disseminate, publish, post (e.g., to newsgroups, mail
lists or message boards), broadcast, sell, circulate or otherwise distribute
to others (including without limitation others in the same company or
organization) any information received through Three Brothers.
COPYRIGHT AND INTELLECTUAL PROPERTY - You
acknowledge that the information available through Three Brothers includes
copyrights, logos, trademarks, and service marks owned by Three Brothers
and/or its licensors and information providers. You agree not to alter, remove,
or otherwise invade any copyright notices, logos, trademarks, or service
marks from any information provided by Three Brothers or from any authorized
reproduction of such information.
ACKNOWLEDGEMENTS - You acknowledge that Three
Brothers distributes, and may or may not author and/or edit the content of
the information available through Three Brothers. Due to the number of sources
from which information is obtained, electronic distribution and other factors
could adversely affect the availability or delivery of information. You
acknowledge that there may be delays, omissions and/or inaccuracies in such
information and the service of Three Brothers' website.
DISCLAIMER - The information provided through
Three Brothers is offered to you on an "as is" basis without representation
or warranty of any kind. Three Brothers and its licensors and information
providers expressly disclaim all warranties, express or implied, with respect
to Three Brothers and the information available through the website, including
but not limited to warranties of merchantability, fitness for a particular
purpose, performance or quality. Three Brothers and its licensors and information
providers also expressly disclaim and assume no responsibility for the accuracy,
adequacy, timeliness or completeness of the information available through
the website. Three Brothers nor its licensors or information providers make
any warranties or representations regarding the use, or the results of the
use, of the website or the information available.
LIMITED LIABILITY - You agree that in no event
will Three Brothers, its affiliates, agents, licensors or information providers
be liable to you or anyone else for any loss or damages arising out of the
use of or inability to use the website. In no event will Three Brothers,
its affiliates, agents, licensors or information providers be liable to you
or anyone else for lost profits or any special, consequential or similar
damages arising out of the use or inability to use the website, even if advised
of the possibility of such damages, and regardless of whether such damages
result from the failure or inadequacy of any exclusion or other remedy. Neither
Three Brothers nor any of its affiliates, agents, licensors or information
providers are responsible or will be liable to you or anyone else for any
decision made or action taken by you or anyone else in reliance on information
furnished by the website. The provisions of this paragraph shall survive
the termination or expiration of this Agreement.
REMEDIES FOR BREACHES - If you fail to comply,
in whole or in part, with any provision of this Agreement, Three Brothers
may terminate your right to access and use the website. In addition, Three
Brothers may pursue any other remedies available to protect its legal property.
You agree not to access or use the website in any matter whatsoever following
termination by Three Brothers of your right to do so.
WAIVER - The waiver by Three Brothers of any
breach of this Agreement will not be construed as a waiver of any future
breach. Three Brothers' failure to enforce any provision of this Agreement,
for whatever reason, shall not affect its right to subsequent enforcement
of such provision or any other provision of this Agreement.
MODIFICATIONS - Three Brothers reserves the
right to change the terms of this Agreement at any time and will notify you
by electronic mail of any such changes. By accessing or using the website
after notification of any changes to the Agreement is sent to you will imply
your acceptance and agreement to all such changes.
ENTIRE AGREEMENT - You acknowledge that this
Agreement constitutes the entire agreement between you and Three Brothers
relating to the website, and supersedes all oral agreements, understandings
and negotiations with respect to the site. Oral representations, warranties
or agreements not embodied in this Agreement are not binding.
ASSIGNMENT - You may not assign your rights
or obligations under this Agreement without the prior written consent of
Three Brothers. Three Brothers may assign this Agreement at any
time.
GENERAL - If a court determines that any provision
of this Agreement is illegal or invalid under applicable law, the remaining
portions of this Agreement will continue in full force and will not be affected
by such determination. This Agreement will be governed by and construed in
accordance with the internal laws of the State of North Carolina without
regard to the choice of law principles thereof.
