Conditions of Use
The terms and conditions discussed below apply to PPSAPPAREL.COM owned by PPS Apparel LLC hereafter referred to in this Conditions of Use as "PPS".
1. Conditions of Use, Notices, and Revisions
Access to PPSAPPAREL.COM, transactions by a customer (the "Customer") of PPS Apparel LLC or PPSAPPAREL.COM, ("PPS"), through www.PPSAPPAREL.COM and all related disputes, either commercial or privacy or otherwise, are governed by the terms and conditions contained in these Conditions of Use, as amended from time to time by PPS without prior notice. The Customer should take steps to ensure that he or she has reviewed the latest version each time the Customer accesses or transacts business through www.PPSAPPAREL.COM. We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use.
2. Intellectual Property Rights
All material on PPSAPPAREL.COM is provided for lawful purposes only. PPS reserves complete title and full intellectual property rights for materials downloaded from the site.
A. COPYRIGHT/RESTRICTION ON USE OF MATERIALS. All content included on PPSAPPAREL.COM, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PPS, its suppliers, affiliates or the respective owners. The Site contains material which is derived in whole or in part from material supplied by PPS and other sources, and is protected by United States and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of PPS's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without PPS's express written consent.
B. TRADEMARK. All trademarks not owned by PPS are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by PPS. In the event PPS is directed by the customer to use any logo, copy, or similar material supplied by any source other than PPS to produce an order, it is agreed and understood that PPS shall be acting as the Agent of the customer on the use of such material. The customer, as principal, shall be responsible to comply with all laws regarding copyright, trademark, patent, right of privacy, licensing or similar right of protection, and shall indemnify and save harmless PPS, its agent, for any suits, claims or action of any nature for damages, expenses and costs which may arise by reason of PPS using said material in accordance with the customer’s direction, all of which shall be considered within the scope of the aforementioned agency relationship. Trademarks and logos shown on products on our website or catalog are merely depicted to represent the products and our ability to decorate them, but are never meant to imply the decorations were created by PPS or that the products with any specific decorations are available to any purchaser, without the consent of the owners of the trademarked or copyrighted art or copy. Trademarks and logos shown do not imply endorsement of our products by their owners.
C. SUBMISSION BY CUSTOMER. Any information, including but not limited to information, remarks,
suggestions, ideas, custom graphics, or other submissions (collectively or individually, "Submission"), communicated to PPS through PPSAPPAREL.COM is the exclusive property of PPS. PPS Apparel LLC ("PPS") is entitled to use any Submission for any purpose without restriction or compensation to the person sending the Submission. The user acknowledges the originality of any Submission communicated to PPS and accepts responsibility for its accuracy, appropriateness and legality. The user agrees to protect, defend, indemnify and hold PPS, its owners, employees and attorneys, harmless from and against any and all claims, liabilities, losses, costs and expenses, alleged or actual, arising out of any other claim for infringement, dilution, unfair competition, or any other claim relating to such Submission.
3. License and Site Access
PPS grants the Customer a limited, non-exclusive license to access and make personal use of PPSAPPAREL.COM and not to download (other than page caching) or modify it, or any portion of it, except with prior express written consent of PPS. This license does not include: any resale or commercial use of PPSAPPAREL.COM or its content; any collection and use of any product listings, descriptions, or prices - except in connection with shopping or the placing of an order; any derivative use of PPSAPPAREL.COM or its content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise noted, PPSAPPAREL.COM or any portion of the site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without prior express written consent of PPS. A Customer may not use any meta tags or any other "hidden text" utilizing Presentation Products & Solutions, PPS Apparel LLC or PPSAPPAREL.COM name or logo without our prior express written consent. In addition, to any other right or remedy available to PPS, any unauthorized use terminates the permission or license granted by us. A Customer is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of any or all of PPSAPPAREL.COM so long as the link does not portray PPS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
4. Restrictions on Liability
PPS is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; and/or incomplete, garbled or delayed computer transmissions. Under no circumstances will PPS or its suppliers be liable for any damages or injury that result from the use of the materials on this site or the products purchased by the Customer from this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to certain customers.
DISCLAIMER OF WARRANTY:
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of PPS. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
PPS provides links to other sites that are not maintained by us. PPS does not endorse these sites and is not responsible for the content or practices of such other sites.
5. Product Descriptions
PPS and its affiliates attempt to be as accurate as possible. However, PPS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered through PPSAPPAREL.COM itself is not as described, your sole remedy is to return it in unused condition.
6. Risk of Loss; Shipment Costs; Taxes
All items purchased through PPSAPPAREL.COM are made pursuant to a shipment contract. The risk of loss and title for such items pass to the Customer upon PPS' delivery to the carrier. The Customer will bear all shipment costs, (unless the specific item or promotion states "shipping included"), and taxes (if any are applicable) and such will be added to the Customer's total purchase price. While we make every attempt to ship same-day, we cannot guarantee this will occur. We ship from the nearest stocking warehouse facility which may extend beyond the 1-3 day target date we use for ground delivery.
The Customer is responsible for maintaining the confidentiality of his or her account and password when established and for restricting access to his or her computer, and the Customer agrees to accept responsibility for all activities that occur under his or her account or password.
PPSAPPAREL.COM does not sell products for purchase by children. Some of our products, while designed for a child's use are restricted to purchase by adults. If you have accessed this site and are under the age of 18, you may only use PPSAPPAREL.COM with the involvement of your parent or guardian.
8. Geographic Limitation
Information on this site includes descriptions of products and services available only to Customers residing in the United States of America. PPS will not make sales outside of the United States without prior written agreement and pre-payment in U.S. dollars (usd).
9. Governing Law; Disputes; Severability
These Conditions of Use and any disputes arising hereunder are governed and interpreted exclusively pursuant to the laws of the State of West Virginia, United States of America, notwithstanding any principles of conflicts of law. The Federal or State courts located in Monongalia County, West Virginia shall have exclusive jurisdiction over any disputes and shall serve as exclusive venue for any proceedings related to any such disputes hereunder. To the fullest extent permitted by applicable law, no proceeding under this Agreement shall be joined to another proceeding involving any other party subject to these Conditions of Use, whether through class-action proceedings or otherwise. If any of these Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
10. About Our Prices
The prices advertised on this Site are for Internet orders. Prices on some items may differ from those charged in PPS catalogs, sales flyers or partner websites. Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site are the manufacturers suggested retail prices and may not be indicative of the actual selling prices in your area. Any reference to "savings" used on this Site indicates the average savings off the "list price". Your actual savings will vary depending upon the goods purchased and the date of the transaction. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We have the right to refuse or cancel any order due to typographical, pricing or photographic errors. If your credit card has already been charged for the purchase and your order has been canceled, PPS shall immediately issue a credit to your credit card account in the amount of the incorrect price.
When you place an order with PPS, you represent and warrant that you have the authority to order, purchase, and distribute products with the names, trademarks, copyrights, logos, etc., specified on your order. You also consent to indemnify, defend, and absolve PPS and its affiliates and representatives from and against all claims, liabilities, and expenses. This will include legal fees arising out of or related to any actual or alleged infringement or misappropriation of any copyright, trademark, or any other proprietary right of such merchandise. This directive will remain in effect after delivery of your merchandise.
12. Returned Check / Credit Card Chargeback Policy
Returned Check fee for Insufficient Funds (NSF) : $25.00.
Improper Chargeback Fee : $25.00. Customers issuing chargeback(s) with their Credit Card's issuing Bank without proper cause will be billed any fees incurred by PPS in disputing the chargeback as well as a Chargeback fee of $25.00. This is necessary to recover the charges billed to PPS by Visa/MasterCard/Discover Card when the no cause chargeback was issued.
13. PPS Spam Policy
PPS does not engage in the practice of sending unsolicited e-mail. Unsolicited Commercial E-mail is a FEDERAL CRIME. Presence of our email addresses on our site does not invite Unsolicited Commercial E-mail (UCE or "SPAM"). Copies of all UCE that we receive are forwarded to State and Federal lawmakers as well as the Federal Trade Commission for possible criminal prosecution.
Pursuant to US Code, Title 47, Chapter 5, Subchapter II, [47 USC 227], any and all unsolicited commercial E-mail sent to any address at PPS Apparel LLC (PPS) or PPSAPPAREL.COM, or to any of our customers or affiliates, is subject to a download and archival fee in the amount of Five Hundred U.S. Dollars ($500.00 USD) per occurrence. E-mailing denotes acceptance of these terms.
This system is private property, unauthorized use is prohibited by law. Operation of a spider, web-bot, or any other software, hardware and/or scripts for the purpose of collecting and/or harvesting e-mail addresses or customer information is strictly forbidden. All violators may be subject to a fine of up to Five Hundred Dollars U.S. ($500.00 USD) for each file request attempt made for these purposes.