Over The Top Zone
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.com
for 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. 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
provision
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© 2008 Over The Top
Site created & maintained by Mama Trash Promotions, Inc