Introduction
Welcome to our website, Plaid Plain® Pants, Dress Pants, Mens Pants (the “Website”). This Website is operated by Plaid Plain LLC (“Plaid Plain”, “we” or “us”). These Terms and Conditions (“Terms”) set forth the terms that govern your use of this Website.
Acceptance of Terms
By accessing and using this Website, you accept and agree to be legally bound by these Terms, whether you are a visitor browsing the Website or a customer purchasing our products. If you do not accept and agree to these Terms, you do not have our permission to use this Website.
Website Access
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use this Website in accordance with these Terms. We may terminate this license at any time for any reason.
We will use reasonable efforts to keep the Website operational. However, certain technical difficulties or maintenance may, temporarily, interrupt access to the Website. We reserve the right to suspend or discontinue the Website at any time and without notice. We will not be liable for any consequences resulting from the unavailability of the Website.
Accounts and Passwords
To place an order on the Website, you may need to create an account and provide certain information about yourself. You agree to provide true and accurate information when creating your account. You also agree to promptly update your account information to keep it current and accurate.
You are solely responsible for maintaining the confidentiality of your account credentials, including passwords, and for any activity that occurs using your credentials. We are not liable for any loss caused by unauthorized access to your account. You agree to immediately notify us of any unauthorized access or use of your credentials.
Privacy Policy
Please review our Privacy Policy to understand how we collect, use and share your information. The Privacy Policy is incorporated by reference into these Terms.
Shop Policies
Please review our Shop Policies before placing an order. The Shop Policies contain important information about placing orders, shipping, returns, exchanges, and more. The Shop Policies are incorporated by reference into these Terms.
Intellectual Property Rights
The content on the Website, including text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, belongs to Plaid Plain or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Plaid Plain and protected by U.S. and international copyright laws. All software used in this Website is the property of Plaid Plain or its software suppliers and protected by United States and international copyright laws.
You may not copy, reproduce, distribute, republish, download, display, post, transmit, exploit, or otherwise use any content in any way without the prior written permission of Plaid Plain. Some content may be available for download subject to end user license agreements; your use of such content shall be governed by the applicable license agreement. Modification or use of the content for any other purpose violates Plaid Plain’s intellectual property rights.
The trademarks, logos, and service marks displayed on the Website belong to Plaid Plain or other third parties. You may not use any trademarks, logos, or service marks displayed on the Website without the prior written permission of Plaid Plain or the applicable third party owner.
User Content
If you post, upload, or otherwise submit any text, photos, audio, video, or other content to the Website (“User Content”), you represent that you have the right to submit such User Content and grant Plaid Plain an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, copy, modify, display, archive, publish, sublicense, perform, distribute, reproduce and create derivative works from such User Content, in whole or in part, in all media formats and channels now known or hereafter devised.
You represent and warrant that your User Content does not violate any third party’s rights, including copyrights, trademarks, privacy, or publicity rights. You further represent and warrant that your User Content is not fraudulent, harassing, libelous, obscene, inappropriate, or otherwise objectionable.
We do not claim ownership of your User Content. However, by submitting User Content, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to publicly display, distribute, reproduce, modify, translate, and publish your User Content in any existing or future media.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to Plaid Plain are non-confidential and shall become the sole property of Plaid Plain. We will be entitled to the unrestricted use and dissemination of these Submissions for any purpose without acknowledgment or compensation to you.
We reserve the right to remove any User Content from the Website at our sole discretion.
Prohibited Conduct
You agree not to:
- Use the Website for any illegal purpose or in violation of any applicable law;
- Violate or encourage others to violate any applicable law or regulation;
- Post or transmit any unlawful, abusive, libelous, obscene, vulgar, sexually explicit, profane, disparaging, threatening, intimidating, harassing, hateful, racially, or ethnically offensive content;
- Post falsehoods, misrepresentations, or misleading statements;
- Post advertisements or solicitations of business;
- Impersonate others or create false identities;
- Post or transmit any content that infringes, misappropriates, or violates the intellectual property or other rights of any third party;
- Post or transmit any unauthorized or unsolicited advertising, promotional materials, spam, pyramid schemes, or other forms of solicitation;
- Post or transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful or malicious content;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble or attempt to discover any software code or underlying ideas or algorithms of the Website or any software or services used by the Website;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Website;
- Access, download, monitor, or copy any content or information from the Website using automated means (including but not limited to scripts, bots, spiders, robots, crawlers, and scrapers) without our prior written permission;
- Systematically retrieve data or other content from the Website to create or compile a collection, compilation, database, or directory without our prior written permission;
- Use the Website to distribute malware;
- Use the Website to engage in password theft, phishing attacks, denial of service attacks against websites or computers, or other illegal hacking activities;
- Interfere with, damage, disable, overburden, or impair the proper working of the Website, including any security-related or access control features;
- Gain or attempt to gain unauthorized access to computer systems, materials, information or any services available on the Website through any means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made publicly available through the Website;
- Use any false or misleading representations or implications in connection with the Website;
- Sell counterfeit products or unlicensed merchandise through the Website;
- Reproduce, duplicate, copy or resell any products available on the Website without authorization; or
- Violate these Terms or any additional terms and conditions applicable to specific sections of the Website.
Reviews and Feedback
We welcome your feedback about our products and services. However, we will have full discretion whether or not to publish your review. We reserve the right to shorten, edit or remove reviews at our discretion.
Reviews must comply with our policies prohibiting unlawful, harassing, libelous, abusive, threatening, harmful, obscene, profane, hateful, offensive, or otherwise objectionable content.
Reviews are not verified by us for accuracy. The views expressed belong solely to the reviewer. We disclaim any liability in connection with reviews.
Return Policy
Our return policy is outlined in our Shop Policies. Please review our return policy before submitting any return requests, as all sales are final on clearance items. We reserve the right to decline return requests that do not comply with our Shop Policies.
Shipping Policy
Our shipping policy is outlined in our Shop Policies. Please review our shipping policy for information about shipping costs and delivery estimates. All stated delivery times are estimates only; we will not be liable for any failure to meet estimated delivery dates.
Price and Payment
Product pricing: All prices posted on the Website are quoted in U.S. dollars and are valid and effective only within the United States. We reserve the right to discontinue or change pricing at any time. In case of a pricing error on an item that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order.
Tax: Applicable sales tax will be added to your total based on your shipping address and the tax rate in effect at the time you place your order.
Coupon codes: Coupon code discounts are limited to one per order. Coupon codes cannot be combined with other offers unless otherwise stated. Usage of coupon codes is limited to the number of redemptions specified for each code. We reserve the right to cancel any orders resulting from the unauthorized or improper use of coupon codes.
Payment processing: All transactions are processed through secure third-party payment processors. By submitting your payment information, you agree to the applicable payment processor’s terms and conditions. We do not directly process or store your credit card or banking account information.
Cancellation and Refunds
Orders can only be canceled up until they are packed and prepared for shipment. If your order has already entered the shipping process, unfortunately, it is too late to cancel.
Refunds on returned items will be issued to the original payment method used at the time of purchase. Please allow 1-2 billing cycles for the refund to appear on your credit card statement.
For more details, please see our Shop Policies. We reserve the right to decline or limit refunds that do not comply with our Shop Policies.
Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Website at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any aspects of the Website at any time without prior notice or liability.
Indemnification
You agree to indemnify and hold Plaid Plain harmless from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from: (i) your use of the Website; (ii) your violation of these Terms; or (iii) your violation of any rights of any third party.
Disclaimers
Your use of this website is at your sole risk. The website and all of its content are provided on an “as is” basis without warranties of any kind, expressed or implied. We expressly disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties that (i) the Website will meet your requirements or expectations; (ii) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (iii) the results obtained from use of the Website will be accurate or reliable; or (iv) any errors in the Website will be corrected.
Any content downloaded from or accessed through this website is used at your own risk. We are not liable for any damage or loss related to your access or use of any content from the Website.
We make no representations or warranties that any content on the Website, including product descriptions, is accurate, complete, reliable, current or error-free. We disclaim all liability related to any inaccuracy or incompleteness of any content.
We make no medical or healthcare related claims. None of the information on the Website should be considered medical or healthcare advice. No doctor-patient relationship is created by your use of the Website. The products sold on the Website are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Consult your physician before using any products you purchase from the Website. We disclaim all liability related to the medical or healthcare related content provided on the Website.
Limitation of Liability
Plaid Plain will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Website or any products purchased on the Website, regardless of the theory of liability, whether contract, tort, negligence, strict liability, products liability, or otherwise, even if Plaid Plain has been advised of the possibility of such damages.
In no event will Plaid Plain’s total liability arising under these terms or with respect to the Website exceed the amounts paid by you to Plaid Plain over the twelve (12) month period preceding the event giving rise to liability. This limitation will apply to you regardless of the number of transactions or claims related to the Terms or the Website.
Certain jurisdictions do not allow limitations of liability or exclusions of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations may not apply and liability shall be limited to the maximum extent permitted by law.
Class Action Waiver
You agree that any dispute or claim relating in any way to these Terms, the Website, or any products sold or distributed through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow these Terms as a court would.
To the extent permitted by law, you also waive your right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding any provision in the JAMS (or other arbitration organization’s) rules to the contrary, the arbitrator will not have authority to consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must remain in court and be severed from any arbitration.
If you do not wish to agree to these Terms, including this arbitration agreement, you must not use the Website. Continued use of the Website signifies acceptance of these Terms.
Governing Law
These Terms are governed by the laws of the State of Delaware without regard to conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any action related to these Terms or your use of the Website.
Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Changes to the Terms
We may revise these Terms from time to time. If we make any material changes, we will notify you of the updated Terms by posting them on the homepage of the Website. Your continued access or use of the Website constitutes your acceptance of the updated Terms. You are expected to review the current version of the Terms regularly.
Entire Agreement
The Terms constitute the entire agreement between you and Plaid Plain related to your access and use of this Website. The Terms supersede any prior or contemporaneous representations or agreements. Additional terms may apply to the use of certain features or functionality on the Website; such terms will be displayed or linked to on the relevant pages.
Contact Us
If you have any questions about the Terms or the Website, please contact us at:
Plaid Plain LLC
100 Main St
Anytown, DE 12345
[email protected]
Conclusion
BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE.
These Terms represent the entire understanding between Plaid Plain and you relating to your use of this Website.
