Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this site agree that access to and use of this site are subject
to the following terms and conditions and other applicable law. If you do not agree
to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other copyright
laws, and is the property of Gloria Hincapie. The collective work includes works
that are licensed to Gloria Hincapie. Copyright 2003, Gloria Hincapie ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy portions
of this site for the sole purpose of placing an order with Gloria Hincapie or purchasing
Gloria Hincapie products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own non-commercial
use, or to place an order with Gloria Hincapie or to purchase Gloria Hincapie products.
Any other use, including but not limited to the reproduction, distribution, display
or transmission of the content of this site is strictly prohibited, unless authorized
by Gloria Hincapie. You further agree not to change or delete any proprietary notices
from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Gloria Hincapie used in the site
are trademarks or registered trademarks of Gloria Hincapie
Warranty Disclaimer
This site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the fullest extent
permissible pursuant to applicable law, Gloria Hincapie disclaims all warranties,
express or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Gloria Hincapie does
not represent or warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components. Gloria
Hincapie does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
Limitation of Liability
Gloria Hincapie shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or the
performance of the products, even if Gloria Hincapie has been advised of the possibility
of such damages. Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical Errors
In the event that a Gloria Hincapie product is mistakenly listed at an incorrect
price, Gloria Hincapie reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Gloria Hincapie reserves the right to
refuse or cancel any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged for the purchase
and your order is cancelled, Gloria Hincapie shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or shopping process. These terms and conditions, or
any part of them, may be terminated by Gloria Hincapie without notice at any time,
for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Gloria Hincapie may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to Gloria
Hincapie.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Gloria Hincapie or other licensed employee, host, or representative,
as well as other members or visitors on the site is prohibited. You may not upload
to, distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to liability
or violate any law. You may not upload commercial content on the site or use the
site to solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Gloria Hincapie does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated content on the site,
Gloria Hincapie is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents or activities
on the site. However, Gloria Hincapie reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to Gloria Hincapie
in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Gloria Hincapie, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and conditions
or any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Gloria Hincapie may link
to sites operated by third parties. However, even if the third party is affiliated
with Gloria Hincapie, Gloria Hincapie has no control over these linked sites, all
of which have separate privacy and data collection practices, independent of Gloria
Hincapie. These linked sites are only for your convenience and therefore you access
them at your own risk. Nonetheless, Gloria Hincapie seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any feedback
on not only its own site, but for sites it links to as well (including if a specific
link does not work).