CONDITIONS OF USE
Welcome to www.spandexcity.com a web site operated by Spandex City LLC. Spandex City LLC provides their services to you subject to the following conditions. If you view the website, communicate or conduct business with Spandex City LLC in any manner, you accept these conditions. Please read them carefully. In addition, when you use any current or future Spandex City LLC service or visit or purchase from any business affiliated with Spandex City LLC, whether or not included in the Spandex City LLC web site, you also will be subject to the guidelines and conditions applicable to such service or business.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Spandex City LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Spandex City LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Spandex City LC or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Spandex City is a registered trademark of Spandex City LLC in the United States and other countries. Spandex City LLC, THE SPANDEX CITY LOGO, and other marks indicated on our site are trademarks of Spandex City LLC or its subsidiaries, in the United States and other countries. THE SPANDEX CITY LOGO and other Spandex City LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Spandex City LLC or its subsidiaries. Spandex City LLC's trademarks and trade dress may not be used in connection with any product or service that is not Spandex City LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Spandex City LLC. All other trademarks not owned by Spandex City LLC or its subsidiaries that appear on this site and within our catalog are the property of their respective owners, who are not affiliated with, connected to, or sponsored by Spandex City LLC or its subsidiaries.
LICENSE AND SITE ACCESS
Spandex City LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Spandex City LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; 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. No part of the Spandex City LLC web site may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Spandex City LLC.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Spandex City LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Spandex City LLC's name or trademarks without the express written consent of Spandex City LLC. Any unauthorized use terminates the permission or license granted by Spandex City LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Spandex City LLC so long as the link does not portray Spandex City LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Spandex City LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
SALES
Spandex City LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content's identity.
If you do submit material, and unless we indicate otherwise, you grant Spandex City LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Spandex City LLC the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Spandex City LLC or its affiliates for all claims resulting from content you supply. Spandex City LLC has the right but not the obligation to monitor and edit or remove any activity or content. Spandex City LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS
Spandex City LLC attempts to be as accurate as possible. However, Spandex City LLC does not warrant that product descriptions, prices, photographs or other content of this site or our catalog are accurate, complete, reliable, current, or error-free. Spandex City LLC is not responsible for typographical errors, manufacturer delays in delivery or changes to products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by Spandex City LLC itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SPANDEX CITY LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPANDEX CITY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPANDEX CITY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPANDEX CITY LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SPANDEX CITY LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPANDEX CITY LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By viewing the website, communicating with or conducting business with Spandex City LLC, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Spandex City LLC or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to www.spandexcity.com or to products you purchase through Spandex City LLC shall be submitted to confidential arbitration in Charlotte, North Carolina, except that, to the extent you have in any manner violated or threatened to violate Spandex City LLC's intellectual property rights, Spandex City LLC may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Ordering, Shipping and Returns polices posted in our FAQ . These policies also govern your visit to www.spandexcity.com and your purchase in our storeg.We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions 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.
Spandex City LLC
4513 Inlet Pointe Ct.
Charlotte, NC 28216
http://www.spandexcity.com
