mitchellandness.com Terms and Conditions
Revised Date: August 1, 2017
Welcome to mitchellandness.com ("Site"), which is operated by Mitchell & Ness, LLC ("M&N" or "we"). Please review the following Terms and Conditions ("Terms") which govern the use and purchase of products from our Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Site.
We may from time to time change the Terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms changed. We may change, move or delete portions of, or add to, our Site from time to time.
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, written and other materials that comprise this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to or by M&N, and protected by U.S. and international law. No intellectual property license is granted to any user in connection with the Contents, and access to this Site does not authorize anyone to use the Contents or any other intellectual property in any manner. The Contents may not be used except as provided in these Terms without the written permission of M&N. M&N neither warrants nor represents that your use of any of the materials displayed on the Site will not infringe rights of third parties. All software used on this Site is the property of M&N or third parties and is protected by U.S. and international copyright laws.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
1. Placing an order with our Site
2. Using this Site as a shopping resource, provided you do not modify the Site.
Except in connection with the normal shopping or placing of an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without prior written permission.
Please note that the permission grant herein terminates automatically if you breach any of these Terms. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate one or more laws, including copyright or trademark laws; and without M&N's prior written permission, is strictly prohibited and is subject to all applicable penalties available to the owner under the applicable laws.
Accuracy of Information
While M&N uses reasonable efforts to ensure the Contents are accurate and up-to-date, M&N makes no warranties or representations as to the accuracy or completeness of the Contents or the reliability of any advice, opinions, statements, articles, or other information displayed or distributed through this Site. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS STATEMENTS, ARTICLES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. M&N RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE.
Pricing; Order Acceptance; Payment; Sales Tax
While M&N strives to provide accurate product and pricing information, pricing or typographical errors may occur. M&N cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, M&N shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, M&N may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. While it is the M&N practice to confirm orders by email, the receipt of an email order confirmation does not constitute the acceptance of an order or the M&N confirmation of an offer to sell a product or service. M&N may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that we are unable to accept and must cancel. M&N reserves the right, at our sole discretion, to refuse service to any customer or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit department. M&N will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is shipped but if your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchase.
Additionally, please note that this Site is a non-password protected ecommerce enabled site intended for orders from end user customers only. M&N does not accept orders on this Site from resellers, exporters, wholesalers or other customers who intend to resell the products offered on this Site.
Tax-exempt non-profit organizations must provide M&N with a sales tax exemption certificate in a form acceptable to M&N, in its sole discretion, otherwise sales tax may be charged.
Information Gathered by Us
For visitors and registered users to the Site, we log standard technical information, such as your IP address and the kind of browser you are using. If you choose to register with us or make a purchase, you may be asked to provide personally-identifiable information, including, without limitation, name, address, email address, phone number, date of birth and financial account information, such as credit or debit card number ("PII"). We may also collect other PII when you provide feedback or comments online, such as information about our products you own.
This Site uses first and third-party cookies and tracking technology analytical features for advertising, marketing, click impression reporting, demographic and interest reporting, and similar marketing analytics reporting features. Some of these features are provided by third-parties that support our Site services. Some of these features may allow our third-party providers to track your interests across other areas of the web to inform you of matters related to your interests and to help us optimize our business models.
Pixel tags are tiny graphic files that are included in HTML-encoded email messages. We use pixel tags to gather information about emails sent to our users. When such a message is opened in an HTML-capable email program, the recipient's computer accesses our server to retrieve the pixel tag file, and allows us to record and store the date and time, the recipient's email address, and other standard logging information. These pixel tags may also read cookies.
Our Use and Disclosure of Information
The information we collect about you in the course of our relationship is used to operate our Site and offer products and services to you. For example, we may use your PII to fulfill your order, to send you information about our company and services, or to contact you when necessary. We may also use your PII to send you periodic emails about new products and services or upcoming events ("promotional email"). In addition, we look at technical information to analyze traffic to this Site, to enhance our offerings and to provide our services to you. For example, we may use traffic information to see which portions of this Site are more frequently accessed and to gather broad demographic information. In connection with these services, we collect non-personally identifiable information, but we will not merge personally-identifiable information with non-personally identifiable information unless you consent to that merger.
We work with and may share information with third parties who provide services that may include, but are not necessarily limited to, website hosting, data processing and analysis, back-up and security services, and processing of credit card transactions. We may share PII with these service providers for the purpose of providing these services. Although we seek to require these service providers to protect such PII, and to use it only for the purpose for which it was provided, we cannot be responsible for third parties' use of PII.
In order to provide you with a full range of products and services, we may share your PII with our affiliates for marketing or other purposes. An affiliate means any company that controls, is controlled by or is under common control with us. In addition, we have built relationships with selected partners that are not affiliates, but which offer products or services that may be of interest to our users. If you opt-in to receive information from us we may also share your PII with our unaffiliated third-party partners for marketing or other business purposes. Please refer to the section of this Policy titled "Opt Out," below, if you would like to opt out of having your PII shared with affiliated or unaffiliated third parties for third-party direct marketing.
In the event of a change of ownership or corporate restructuring (i.e., a sale, merger, acquisition or transfer of our assets), we may share or transfer your PII to a third party.
When an order is placed, it 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. M&N offers shipping within the United States, U.S. territories, and to APO/FPO. 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 you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs. Upon shipment, M&N may email to you a tracking number.
Products, Services and Specifications
All features, content, specifications, products and services described or depicted on this Site are subject to change at any time without notice. All reasonable measures are taken to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your computer monitor. M&N cannot guarantee that your monitor will accurately display such colors. The inclusion of any 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, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Exchanges, Refunds, and Returns
Please follow this link <https://www.mitchellandness.com/returns> and complete the form for exchanges, refunds, or returns pertaining to on-line purchases from the M&N online store.
M&N warrants every product we make to be free of manufacturer defects. Should you have a warranty issue, simply return the item to us. We will repair it if possible or replace all valid warranty items. Normal wear and tear, modifications, alterations, negligence, damage and use for a purpose other than for which it was designed, are not covered by the M&N Warranty.
Disclaimer of Liability; Indemnification
THIS SITE IS PROVIDED BY M&N ON AN "AS IS" AND "AS AVAILABLE" BASIS. M&N MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, M&N DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL M&N OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF M&N HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL M&N BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. Any cause of action you may have with respect to your use of the Site and its Contents must be commenced within one (1) year after the claim or cause of action arises.
To the fullest extent permissible under applicable law, you agree to defend, indemnify and hold M&N harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.
User Comments & Feedback
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide ("Transmissions") shall be and remain the M&N's property.
All Transmissions will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation and without compensation of any type to you. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever and without compensation of any type to you, including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that we may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
M&N reserves the right to remove or modify any entry at any time and in its sole discretion.
This Site is controlled, operated and administered by M&N from its offices within the United States of America. M&N makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this Site or export any of the Contents in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
We cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful.
We have no intention of collecting personal information from individuals under the age of 18. If you are a child under the age of 18, please do not place an order or provide any information to us unless you have your parent's or legal guardian's consent. Any person who uses this Site to place an order, by doing so, affirms that he or she is age 18 or older or has first obtained a parent's or legal guardian's consent to place the order.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply M&N's endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. M&N makes no warranty or representation regarding any linked websites.
All links to this Site must be approved in writing by M&N, except that M&N hereby consents to links in which: (i) the link is a text-only link containing only the name "Mitchell & Ness"; (ii) the link "points" only to www.mitchellandness.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by M&N nor be such as to damage or dilute the goodwill associated with the name and trademarks of M&N or its affiliate companies. M&N reserves the right to revoke this consent to link at any time in its sole discretion.
Revisions to Terms and Website
M&N reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms in whole or in part, at any time. Changes to these Terms will be effective when such changes are posted to this Website. Your continued use of the Website after any change will be considered acceptance of those changes. M&N may terminate, change, suspend or discontinue any aspect of the M&N Website, including the availability of any features of the Website, at any time. M&N may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. M&N may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all Content and Photos which you may have downloaded.
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. M&N will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
We may modify these Terms by updating this posting. You agree that in the event any portion of these Terms are found to be unenforceable, the remainder of these Terms shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.
Jurisdiction and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States of America. Any action to enforce these Terms shall be brought in the federal or state courts located in Wilmington, Delaware.
Your privacy is as important to us as it is to you. Please visit: <https://www.mitchellandness.com/privacy>