Welcome and thank you for visiting www.ambianceapparel.us (the “Site”). Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (“the Agreement”) and create a legally binding agreement between you and Ambiance U.S.A, Inc., Apparel Line USA, Inc., and its affiliates (collectively the “Company” or “we” or “us” or “our”) regarding your use of this website.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE OUR SITE BECAUSE BY VISITING THE SITE, YOU AGREE TO ACCEPT ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
Site Contents and Use
The Company provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is the property of the Company or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of the Company. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
You agree not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Site or Site content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Site content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity.
You agree not to gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data.
You agree not to probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree to not reverse look-up, trace or seek to trace any information on any other visitor to any Site, or any other customer of the Company, including any shopping account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to personal information or other information that reasonably could be used to connect non-personal information to personal information.
You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.
You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Site. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
Limitation of Liability
The Company publishes information on its Site as a convenience to its visitors. While the Company attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Company products described on the Site may not be available in your region. The Company does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
The Company makes no warranties of any kind regarding any sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and the Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided on such sites. The Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF THE COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Arbitration is a form of alternative dispute resolution and is often considered a faster, more convenient, and less expensive way to resolve disputes. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. However, if those efforts fail, then any and all complaints, disputes, disagreements, controversies or claims arising from or relating to this Agreement or related to any services rendered shall be settled exclusively by binding arbitration under the Federal Arbitration Act (“FAA”), in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. sec 1280 et seq., including section 1283.05 and all of the Act’s other mandatory and permissive rights to discovery). The FAA applies to this Agreement because the Company’s business involves interstate commerce. Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to state or federal law or regulation), equitable law, or otherwise. You and the Company acknowledge that entering into this Agreement, you make no representation or demonstration of support or rejection of concerted activity. By this binding arbitration provision, you acknowledge and agree that you are giving up your respective rights to the following: trial by jury of any claim you may have, right to engage in discovery except as provided in FAA rules, and the right to certain remedies and forms of relief. Moreover, you will not have the right to bring or participate in any class action or similar proceeding in court or in Arbitration. The prevailing party shall bear any and all Arbitration-related costs, fees, and expenses. This binding arbitration Agreement shall not be construed to allow or permit the consolidation or joinder of other claims or controversies involving any other employees or parties, or permit such claims or controversies to proceed as a class or collective action. No arbitrator shall have the authority under this agreement to order any such class or collective action. By entering into this agreement, you are agreeing to waive any substantive or procedural rights that you may have to bring an action on a class or collective basis. In addition to any other requirements imposed by law, the arbitrator selected to hear claims under this Agreement shall be a retired California Superior Court Judge, or an otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading (including the right of demurrer), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code Section 47(b). As reasonably required to allow full use and benefit of this agreement’s modifications to the Act’s procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
Governing Law and General
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of the Company’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.