TERMS OF USE
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and CORIUM CLOTHING LTD (Company, we, us, or our), concerning your access to and use of http://www.coriumclothing.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to (collectively, coriumclothing.com) is a registered company in the United Kingdom, our registered office address is at 83 Ducie Street, Manchester M1 2JQ. Our VAT number is GB395082571. You agree that by accessing coriumclothing.com, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OUR TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED THEN FROM USING THE SITE. AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents posted on coriumclothing.com from time to time are expressly incorporated here by reference. We reserve the right in our sole discretion to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the last (updated time/date) of these Terms of Use, and you waive any right to receive specific notice of each such change. Please check the applicable terms every time you use coriumclothing.com to understand which terms apply. You will be (subject to) and will be (considered to) have been made aware of and accepted the changes in any revised Terms of Use by your continued use of coriumclothing.com after the date such revised Terms of Use.
The information provided on coriumclothing.com is not intended for distribution or use by any person or entity in any authority or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within that authority or country so, those persons who choose to access coriumclothing.com from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
coriumclothing.com is not (tailored) to follow industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Etc.), so if your interactions would be subject to any such laws, you may not use coriumclothing.com. You may not use coriumclothing.com in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
coriumclothing.com is for users who are at least 18 years old. Persons under eighteen years of age are not allowed to use or register for coriumclothing.com.
2. INTELLECTUAL PROPERTY RIGHTS
coriumclothing.com is our proprietary property unless otherwise indicated, which includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on coriumclothing.com, its (Content collectively) and the trademarks, service marks, and logos contained therein (the Marks) are owned or controlled by us or licensed to us and are all protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom & Northern Ireland, international copyright laws, and international conventions. The Content and the Marks are provided on coriumclothing.com AS IS for your information and personal use only. Except as expressly provided in these Terms of Use, no part of coriumclothing.com and no Content or Marks are to be used, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use coriumclothing.com, you are allowed a limited license to access and use coriumclothing.com and to download or print a copy of any part of its (Content) to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. USER REPRESENTATIONS
By using coriumclothing.com, you represent and warrant that. (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you supply any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or end any account. And refuse all current or future use of coriumclothing.com (or any part thereof).
4. USER REGISTRATION
You may have to register with coriumclothing.com. You agree to keep your password confidential and manage your password responsibly and all the use of any account and password. We reserve the right to remove, reclaim, or change a username you select if we decide, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use coriumclothing.com for any purpose other than that which we make coriumclothing.com available. You may not use coriumclothing.com in connection with any commercial endeavours except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or any other Content from coriumclothing.com to create or compile, directly or indirectly, a collection, compilation, database, or directory without our permission in writing.
To trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of coriumclothing.com, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of coriumclothing.com. Or any of the content held there.
Disparage, tarnish, or otherwise harm coriumclothing.com or us.
Use any information you obtained from coriumclothing.com to harass, abuse, or harm another person.
Make improper use of our support services or give false reports of abuse or misconduct.
Use coriumclothing.com in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to coriumclothing.com.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the coriumclothing.com or modifies, impairs, disrupts, alters, or interferes with any use features, functions, operation, or maintenance of coriumclothing.com.
Engage in any automated use of the system, using scripts to send comments and messages or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including and without limitation to clear graphics interchange formats (gifs) 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms or PCM).
Interfere with, disrupt, or create an undue burden on coriumclothing.com or the networks or services connected to coriumclothing.com.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in supplying any part of coriumclothing.com to you.
Attempt to bypass any measures of coriumclothing.com designed to prevent or restrict access to coriumclothing.com or any part of coriumclothing.com.
Copy or adapt coriumclothing.com software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
Except as allowed by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software forming or in any way making up a part of coriumclothing.com.
Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including (without limitation) any spider, robot, cheat utility, scraper, or offline reader that accesses coriumclothing.com, or using or launching any unauthorized script or other software.
Use a buying agent or other agent to make purchases on coriumclothing.com.
Make any unauthorized use of coriumclothing.com, including collecting usernames or electronic mail addresses of users by electronic or other means to send unsolicited electronic mail or create user accounts by automated means or under false pretences.
Use coriumclothing.com as part of any effort to compete with us or otherwise use coriumclothing.com or the content for any revenue-generating endeavour or commercial enterprise.
Use coriumclothing.com to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
6. USER-GENERATED CONTRIBUTIONS
coriumclothing.com may invite you to chat, contribute to, or participate in blogs, message boards, and online forums, and other functionality may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on coriumclothing.com, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, Contributions). Contributions may be viewable by other users of coriumclothing.com and through third-party websites. As such, any Contributions you send may be (treated as non-confidential and non-proprietary). When you create or make available any Contributions, you thereby stand for and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including, but not limited to, copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, coriumclothing.com, and other users of coriumclothing.com to use your Contributions in any manner contemplated by coriumclothing.com and these Terms of Use.
You have the written consent, release, and, or the permission of each identifiable person in your Contributions to use the name or likeness of each such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by coriumclothing.com and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libel, slander, or otherwise objectionable (as decided by us).
Your Contributions should not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not harass or threaten (in the legal sense of those terms) any other person or promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate any privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual orientation, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.
Any use of coriumclothing.com in violation of the preceding violates these Terms of Use and may result in, among other things, the termination or suspension of your rights to use coriumclothing.com.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the coriumclothing.com or making contributions accessible to coriumclothing.com when linking an account from coriumclothing.com to any of your social networking accounts, you automatically grant and represent and warrant that you have the right to give us unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sub-licenses of the just mentioned or stated. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you call for that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions. You keep full ownership of them and your intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on coriumclothing.com. You are solely responsible for your Contributions to coriumclothing.com, and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us about your Contributions.
We have the right in our sole and absolute discretion. (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on coriumclothing.com; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to check your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you with areas on coriumclothing.com to leave reviews or ratings. When posting a review, you must comply with the following criteria. (1) you should have first-hand experience with the person/entity reviewed. (2) your reviews should not contain offensive, profanity or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. However, we have no obligations to screen reviews or to remove reviews, even if anyone considers reviews objectionable or inaccurate. Note* that reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any reviews or claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, change, translate, send by any means, display, perform, and or distribute all content relating to reviews.
9. MOBILE APPLICATION LICENSE
Use License
When you access coriumclothing.com via a mobile app: we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly following the terms and conditions of this mobile application license contained in these Terms of Use, Where you shall not. (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial electronic mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an app distributor) to access the Site. (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App distributors terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) You are not in a country that is subject to a U.S. government embargo or that has been appointed by the U.S. government as a terrorist supporting country and (ii). That you are not listed; on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use and that each App Distributor will have the right (and will be deemed to have accepted those rights) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
10. SOCIAL MEDIA
As part of the functionality of the coriumclothing.com, you may link any account with online accounts you have with third-party service providers, each such a Third-Party Account by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your (Third-Party Account) as is permitted under the applicable terms and conditions that govern your use of each (Third-Party Account). You represent and warrant that you are permitted to disclose your login information for the (Third Party Account) to us and or grant us access to your (Third-Party Account) without breach by you of any of the terms and conditions to the (Third-Party Account) and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the (Third-Party Account). By granting us access to any (Third-Party Accounts), you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your (Third-Party Account) (the Social Network Content) so that it is available on and through the Site via your (Third-Party Accounts), including without limitation any friend lists and (2) we may submit to and receive from your (Third-Party Accounts) additional information to the extent notified when you link (Your-Account) with the (Third-Party Accounts). Depending on the (Third-Party Accounts) you choose and subject to the privacy settings that you have set in such (Third-Party Accounts), personally identifiable information that you post to your Third-Party Accounts may be available on and through (your-account) on the coriumclothing.com. Please note that if a (Third-Party Accounts) or associated service becomes unavailable or our access to (Third-Party Accounts) ends by the (Third-Party Accounts) service provider, then Social Network Content may no longer be available on and through coriumclothing.com. You can disable the connection between your account on coriumclothing.com and the (Third-Party Accounts) at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS FOLLOWING YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement and are not responsible for any Social Network Content. You acknowledge and agree that we may access your electronic mail address book associated with (Third-Party Accounts) and your contacts list stored on your mobile device, tablet or computer solely to find and inform you of those contacts who have also registered to use coriumclothing.com. You can deactivate the connection between coriumclothing.com and (Third-Party Accounts) by contacting us using the contact information below or in your account settings (if applicable). We will try to remove any information stored on our servers obtained through such T(Third-Party Accounts), except the username and profile picture associated with your account.
11. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about coriumclothing.com, submissions provided by you to Corium Clothing Ltd, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You also waive all moral rights to any such submissions, and you call for any such Submissions to be original with you or that you have the (right) to send such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
12. THIRD-PARTY WEBSITE AND CONTENT
coriumclothing.com may have/or may send you links via coriumclothing.com links to other websites (Third-Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (Third-Party content). Such Third-Party Websites and Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Corium Clothing Ltd are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or allowing the use or installation of any Third-Party Websites or any Third-Party Content does not imply any approval or endorsement by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices of any website you connect with from the Site or any applications you use or install from them. Any purchases you make through Third-Party Websites will be through other websites and from other companies. We take no responsibility whatsoever concerning such purchases. They are exclusively between you and the applicable Third Party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SITE MANAGEMENT
We reserve the right but not the obligation to. (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.coriumclothing.com/privacy-policy. By using coriumclothing.com, you agree to be bound by our Privacy Policy incorporated into these Terms of Use. coriumclothing.com is (hosted in the United States) If you access coriumclothing.com from other regions of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States and agree to have your data transferred to and processed in the United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please let us know using the contact information below. And we will also send a copy to the person who posted or stored the material addressed in the notification. Please be advised that according to applicable law, you may be liable for damages if you make material misrepresentations in any Notification. Thus, if you are not sure that material found on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we end or suspend your account for any reason. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on their behalf. In addition to ending or suspending your account, we reserve the right to take proper legal action, without limitation to pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of coriumclothing.com at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to change or stop all or part of coriumclothing.com without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of coriumclothing.com.
We cannot guarantee coriumclothing.com will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, drop, or otherwise change coriumclothing.com at any time or for any reason without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use coriumclothing.com during any downtime or discontinuance of coriumclothing.com. Nothing in these Terms of Use will be construed or binds us to keep and support coriumclothing.com or supply any corrections, updates, or releases in connection with or in addition to that.
18. GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom. And the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer. You additionally have the protection provided to you by obligatory provisions of the law of your country of residence. CORIUM CLOTHING LTD and yourself agree to give to the non-exclusive authority of the Courts of the United Kingdom & Northern Ireland, which means that you may claim to defend your consumer protection rights about these Terms of Use in the United Kingdom or in the EU country in which you live.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each Dispute and collectively, the Disputes) brought by either you or us (individually, a Party and collectively, the Parties), agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations begin upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be (determined) by one arbitrator who will be chosen under the Arbitration and Internal Rules of the European Court of Arbitration, being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration filed and of which adoption of this clause constitutes acceptance. This seat of arbitration shall be Manchester, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that arbitration shall be limited to the Dispute between the Parties individually to the full extent permitted by law. (a) no arbitration shall be, joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration. (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use. (c) any claim for injunctive relief. If this provision is found illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found: Illegal, unenforceable and such Dispute. Then a court of competent jurisdiction within the courts listed for jurisdiction above will decide, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on coriumclothing.com containing typographical errors, inaccuracies, and omissions, including descriptions, pricing, availability, or (various other information). We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on coriumclothing.com at any time without prior notice.
21. DISCLAIMER
CORIUMCLOTHING.COM IS PROVIDED: ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO CORIUMCLOTHING.COM AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN; ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR __________. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, ONE OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1). your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties outlined in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you must indemnify us and agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to inform you of any such claim, action, or proceedings subject to this indemnification upon becoming aware.
24. USER DATA
We will keep the data you send to coriumclothing.com to manage the performance of coriumclothing.com. And data relating to your use of coriumclothing.com. Although we perform routine backups, you are solely responsible for all data you send or relating to any activity you have undertaken using coriumclothing.com. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting coriumclothing.com, sending us electronic mail, and completing online forms are electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically via electronic mail and on coriumclothing.com. Satisfy any legal requirement that such communication is in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any authority which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If a complaint with us (is not satisfactorily resolved). You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on coriumclothing.com or concerning coriumclothing.com constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not run as a waiver of such right or provision. These Terms of Use are permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
Note* If any provision or (part of a provision) of these Terms of Use is determined to be unlawful, void, or unenforceable, then that provision or (part of the provision) is considered severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There are no: joint ventures, partnerships, employment, or agency relationship created between you and us because of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them. You waive all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
28. CONTACT US
To resolve a complaint about the Site or to receive further information about the use of the Site, contact us at:
By Post:
CORIUM CLOTHING LTD
83 Ducie Street
Manchester M1 2JQ
United Kingdom
By Email:
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