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PRIVACY POLICY:
Overthetopzone.com values its customers and respects their privacy.
We collect customer information in an effort to improve our
customers’ shopping experience and to communicate with our customers
about our products, services and promotions. We recognize that we
must maintain and use customer information responsibly. We do not
sell or rent the information you provide us with online to third
parties.
PURCHASING POLICIES:
Returns / Exchanges: Please email us at
joan@overthetopzone.comfor
return/exchange information and approval.
Unwashed, unworn or defective merchandise may be returned/exchanged
within 14 days after delivery for a full refund. Returns/exchanges
will only be accepted with prior approval via email from
joan@overthetopzone.com & should be
mailed to the address provided in the return/exchange email
approval. Pre-orders and/or special orders are not returnable. Once your package has been received by our
returns/exchanges department, your refund will be processed using
the original form of payment within 3-5 business days. You will be
notified via email to the email address listed in your account when
the transaction has taken place. Please note your banking
institution may require additional days to process the transaction
once they have received the information from us.
Be sure to include a copy of the return email in your package. It is
recommended that you ship your return/exchange with a carrier who
will provide you with a tracking number to ensure that your package
does not get lost. Packages must be shipped prepaid. We do not
accept COD.
ACCURACY OF INFORMATION:
We attempt to be as accurate as possible when describing our
products on the Website, however, to the extent permitted by
applicable law, we do not warrant that the product descriptions,
colors or other content available on the Website is accurate,
complete, reliable, current, or error-free.
INTELLECTUAL PROPERTY:
All content available on the Website, including, but not limited to,
text, graphics, logos, icons, images, audio clips, data
compilations, and software, and the compilation thereof (the
“Content”) is the property of Over The Top, our affiliates, our
partners or our licensors, and is protected by United States
copyright laws.
The trademarks, logos, and
service marks displayed on the Website (collectively, “trademarks”)
are the registered and unregistered marks of Over The Top, our
affiliates, our licensors or our partners, in the United States and
other countries, and are protected by United States and
international trademark laws. All other Trademarks not owned by us,
our affiliates, our partners or our licensors that appear on the
Website are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by us.
Except as set forth in the
limited license in Section 5 below, or as required under applicable
law, neither the Content, the Trademarks, nor any other portion of
the Website may be used, reproduced, duplicated, copied, sold,
resold, accessed, modified, or otherwise exploited, in full or in
part, for any purpose without our prior written consent.
LIMITED LICENSE:
We grant you a limited, revocable, and non-exclusive license to
access and make personal use of the Website. Please note that you
may not frame or utilize framing techniques to enclose the Website
or any portion thereof without our prior written consent.
THIRD PARTY LINKS:
We are not responsible for the content of any off-Website pages or
any other websites linked to or from the Website. Links appearing on
the Website are for convenience only and are not an endorsement by
us. Your linking to or from any off-Website pages or other websites
is at your own risk.
REPRESENTATIONS AND
WARRANTIES; LIMITATION OF LIABILITY:
THE WEBSITE IS PRESENTED “AS IS”. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL
NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT
INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE
LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR
MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOU USE OF THE
WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES;
OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM
EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED
ONE HUNDRED DOLLARS ($100.00)
INDEMNIFICATION:
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys’ fees, resulting
from any third party claim, action, or demand resulting from your
use of the Website. You also agree to indemnify us for any loss,
damages, or costs, including reasonable attorneys’ fees, resulting
from your use of software robots, spiders, crawlers, or similar data
gathering and extraction tools, or any other action you take that
imposes an unreasonable burden or load on our infrastructure.
DISPUTES:
With respect to any dispute regarding the Website, your rights and
obligations and all actions contemplated by these Terms and
Conditions shall be governed by the laws of Delaware, as if the
Terms and Conditions were a contract wholly entered into and wholly
performed with Delaware.
GENERAL:
You acknowledge and agree that these Terms and Conditions, together
with our Privacy Policy, constitute the complete and exclusive
agreement between us concerning your use of the Website, and
supersede and govern all prior proposals, agreements, or other
communications.
We reserve the right, at our
sole discretion, to change these Terms and Conditions at any time by
posting the changes on the Website. Any changes are effective
immediately upon posting to the Website. Your continued use of the
Website constitutes your agreement to all such terms and conditions.
We may, with or without prior notice, terminate any of the rights
granted by these Terms and Conditions. You shall comply immediately
with any termination or other notice, including, as applicable, by
ceasing all use of the Website.
Nothing contained in these
Terms and Conditions shall be construed as creating any agency,
partnership, or other form of joint enterprise between us. Our
failure to require you performance of any provision hereof shall not
affect the full right to require such performance at any time
thereafter, nor shall our waive of a breach of any provision hereof
be taken or held to be a waiver of the provision itself. In the
event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by
any applicable court decision, such unenforceability or invalidity
shall not render these Terms and Conditions unenforceable or invalid
as a whole. We will amend or replace such provision with one that is
valid and enforceable and which achieves, to the extent possible,
our original objectives and intent as reflected in the original
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