This web site located at andrewmarc.com (the "Site") is provided by AM Retail Group, Inc. ("AM Retail") in conjunction with third parties. AM Retail and its parent, affiliates, and licensees, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Site shall be referred to herein as "Andrew Marc Parties."
1. User Eligibility. This Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Site, including functionality and features available on the Site ("Features") and products and services available for purchase through the Site, however, may be inappropriate, prohibited or restricted in countries outside the United States and Canada. The Andrew Marc Parties make no warranty or representations that the Site or the Features are appropriate or available for access/use outside of the USA or Canada. Please be aware that this Site is subject only to the laws, rules, and regulations of the USA. If you access/use the Site from outside the USA or Canada, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site. This is a general audience Site and users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.
2. Establishing an Account. Users of all ages are welcome to browse the Site. However, you may only establish an account if you are over the age of majority in your jurisdiction of residence as well as being 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some Features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of account information and password in your posession and for restricting access to such information and to your computer. To the fullest extent permissible by applicable law, all activities that occur under your account or password shall be your responsibility.
4. Prohibited Submissions. 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 AM Retail may have at law or in equity, if AM Retail reasonably determines that you have violated or are likely to violate the foregoing prohibitions, AM Retail may take any action it reasonably deems necessary to cure or prevent the violation to the fullest extent permissible by applicable law, including without limitation, the immediate removal from this Site of the related materials. AM Retail will cooperate with any law enforcement authorities or court order or subpoena requesting or directing AM Retail to disclose the identity of anyone posting such materials.
6. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of AM Retail and its parent, affiliates, or other related parties. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this 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 Site without the written permission of AM Retail or such third-party owner.
7. Prohibited Actions. While visiting the Site and participating in, accessing and using the Features (cumulatively "Using the Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).
8. Availability of Products, Services, Features and Content. To the fullest extent permissible by applicable law, all Features, Content, and products and services available on or through the Site, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, to the fullest extent permissible by applicable law, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services on this 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, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
9. Accuracy of Information. The AM Retail Parties take reasonable efforts to ensure that information on this Site is complete, accurate and current. Despite such efforts , however, the information on this Site may be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. The AM Retail Parties make efforts to accurately display the attributes of our products and services available for purchase, 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. To the fullest extent permissible by applicable law, the AM Retail Parties make no representation as to the completeness, accuracy or timeliness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, to the fullest extent permissible by applicable law, we may make changes to information about price and availability without notice. All prices listed on the Site are in US Dollars. Prices of products sold on the Site may not be the same as the prices of our products sold in our retail stores. To the fullest extent permissible by applicable law, while it is the practice of the AM Retail Parties to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The AM Retail Parties reserve the right to the fullest extent permissible by applicable law, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The AM Retail Parties also may require verification of information prior to the acceptance and/or shipment of any order.
10. Shipment of Order. Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
13. Disclaimer of Warranty. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR USE OF THIS SITE IS AT YOUR RISK. THE SITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." AS TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Andrew Marc PARTIES EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE SITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Andrew Marc PARTIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE. WITHOUT LIMITATION TO THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Andrew Marc PARTIES DO NOT WARRANT THAT: (A) YOUR ENJOYMENT OF THE SITE WILL BE WITHOUT INTERFERENCE; (B) THE SITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE SITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE SITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT OR FEATURES WILL BE CORRECTED; (F) CONTENT OR FEATURES ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE SITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION; OR (H) THE CONTENT, INCLUDING BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS, SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE SITE IS ACCURATE, UP-TO-DATE OR COMPLETE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS 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, Andrew Marc PARTIES 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 SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Andrew Marc PARTIES 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. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Andrew Marc PARTIES FURTHER MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE BINDING IN THE STATE OF NEW JERSEY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUT MAY NOT APPLY IN OTHER JURISDICTIONS TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
14. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AM RETAIL PARTIES DO NOT ASSUME ANY 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 SITE OR YOUR DOWNLOADING OF, ACCESS TO, OR USE OF ANY FEATURES OR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AM RETAIL PARTIES WILL NOT 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 SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, RULE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ARE BINDING IN THE STATE OF NEW JERSEY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUT MAY NOT APPLY IN OTHER JURISDICTIONS TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT YOUR SOLE REMEDY, IF ANY, IS A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS POLICY POSTED ON THIS SITE. OTHER THAN THE FOREGOING SOLE REMEDY, YOU AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT THE AM RETAIL PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR OTHER SUMS IN ANY AMOUNT ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THIS SITE. THE PARTIES AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE AM RETAIL PARTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
NOTWITHSTANDING THE OTHER ELEMENTS OF THIS SECTION 16, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THIS SECTION 16 WILL BE DEEMED TO WAIVE, PRECLUDE, OR OTHERWISE LIMIT EITHER OF OUR RIGHTS, AT ANY TIME, TO: (1) BRING AN INDIVIDUAL ACTION IN A “SMALL CLAIMS” COURT IN HENNEPIN COUNTY, MINNESOTA, AND BOTH PARTIES AGREE TO SUCH VENUE, OR (2) TO FILE SUIT IN A COURT OF LAW IN HENNEPIN COUNTY, MINNESOTA, ON AN INDIVIDUAL BASIS, TO ADDRESS INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AS WELL AS INSTRUCTIONS ON HOW TO FILE AN ARBITRATION PROCEEDING WITH THE AAA, ARE AVAILABLE AT WWW.ADR.ORG. THE TELEPHONE NUMBER OF THE ADR IS: 1-800-778-7879.
YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR’S COMPENSATION OR FEES WILL BE LIMITED TO THOSE AMOUNTS SET FORTH IN THE AAA’S CONSUMER RULES WITH THE REMAINDER PAID BY AM RETAIL. IF THE ARBITRATOR FINDS THAT EITHER THE SUBSTANCE OF YOUR CLAIM OR THE RELIEF SOUGHT IN THE DEMAND IS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE (AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)), THEN THE PAYMENT OF ALL FEES WILL BE GOVERNED BY THE AAA RULES TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN SUCH CASE, YOU AGREE TO REIMBURSE A.M. RETAIL FOR ALL SUMS AND AMOUNTS PREVIOUSLY DISBURSED BY IT THAT ARE OTHERWISE YOUR OBLIGATION TO PAY UNDER THE AAA RULES. REGARDLESS OF THE MANNER IN WHICH THE ARBITRATION IS CONDUCTED, THE ARBITRATOR SHALL ISSUE A REASONED WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE DECISION AND AWARD, IF ANY, ARE BASED. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES OR EXPENSES AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN 14 DAYS OF THE ARBITRATOR’S RULING ON THE MERITS. THE ARBITRATOR’S DECISION MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.
IF YOU ARE NOT LOCATED IN, ARE NOT BASED IN, DO NOT HAVE OFFICES IN, AND DO NOT DO BUSINESS IN THE UNITED STATES, ANY ARBITRATION BETWEEN YOU AND THE AM RETAIL PARTIES WILL BE FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE (THE “ICC”) THEN IN FORCE (THE “ICC RULES”) BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE ICC RULES, AS MODIFIED BY THESE DEVELOPER TERMS, AND WILL BE ADMINISTERED BY THE INTERNATIONAL COURT OF ARBITRATION OF THE ICC. SUCH ARBITRATION WILL TAKE PLACE IN MINNEAPOLIS, MINNESOTA, USA.