Terms & Conditions
Posted: August 27 2015
The Site is offered and available to users who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you meet these eligibility requirements. If you do not meet them, you must not access or use the Site.
Apos Western Wear
ATTN: Customer Service
110 N Caddo St, Cleburne 76031
MODIFICATION OF CONTENT
Apos Western Wear attempts to ensure that the Content on the Site is complete and current. As indicated in the DISCLAIMERS set forth below, Apos Western Wear does not guarantee that the information contained on the Site will not contain errors, inaccuracies or omissions or that such information will be up to date. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Apos Western Wear reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you, but Apos Western Wear does not have an obligation to do so. We may change, move, delete portions of, or add to the Site from time to time. Further, Apos Western Wear reserves the right to refuse or cancel any orders based on any error, inaccuracy or omission on the Site, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is then canceled, Apos Western Wear will promptly issue a credit to your credit card.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, "Content") are copyrights, trademarks, service marks, trade dress and/or other intellectual property rights owned, controlled or licensed by Apos Western Wear or its affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Apos Western Wear Investment Properties, Ltd. Apos Western Wear trademarks and service marks appearing on the Site are property of Apos Western Wear Investment Properties, Ltd. You agree not to display or use such marks without our prior written permission. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than our own.
USER COMMENTS AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Apos Western Wear on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Apos Western Wear of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, Apos Western Wear will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Apos Western Wear is and shall be under no obligation to (a) maintain any Comments in confidence, (b) pay to user any compensation for any Comments, or (c) respond to any Comments.
You agree that you will not submit any Comments to the Site that would violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. Apos Western Wear may, but does not have an obligation to, remove any Comments from the Site at any time in its sole discretion.
YOUR PRIVACY RIGHTS
APOS WESTERN WEAR COMMUNICATIONS TO YOU
Merchandise displayed for sale on the Site may not be available in Apos Western Wear stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display as accurately as possible the colors of products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEBSITES AND SERVICES
The Site contains links to outside services and resources, the availability and content of which Apos Western Wear does not control. Any concerns regarding any such service or resource, or any links thereto, should be directed to the outside service or resource. Apos Western Wear is not responsible for the contents of any website that may be accessed through a link on the Site, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link on the Site does not imply endorsement by Apos Western Wear of the linked website, and is provided only for informational purposes. Apos Western Wear reserves the right to reject any request for a link to a third-party website and to remove any link for any reason.
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use, other than to make purchases. You may download or print a single copy of any portion of the Site for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such material. No other use is permitted unless otherwise expressly permitted by Apos Western Wear. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
You are prohibited from violating or attempting to violate the security measures on the Site, including without limitation:
1. Using a false email address or one belonging to another user, accessing data not intended for the user, or logging into a server or account that such user is not authorized to access;
2. Disclosing a password, permitting a third party to use a password, or failing to notify us if a password is compromised;
3. Attempting to probe, scan or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;
4. Attempting to interfere with service to any user, host or network;
5. Sending unsolicited email, including promotions and/or advertising of products or services; or
6. Hijacking all or any part of the Content, deleting or changing any Content, deploying pop-up messages or advertising, or running or displaying the Site or any Content in frames or through similar means on another website.
We have absolute discretion to determine whether any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil liability or prosecution by law enforcement authorities. We will investigate occurrences that indicate such violations may have occurred, and we may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who violate the law.
THE SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. APOS WESTERN WEAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APOS WESTERN WEAR DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT APOS WESTERN WEAR ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, ATTORNEYS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portions hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
This Agreement is effective unless and until terminated. You may terminate this Agreement at any time upon written notice to Apos Western Wear, provided that you do not access the Site thereafter. Apos Western Wear may terminate this Agreement at any time and may do so immediately without notice, and accordingly may deny you access to the Site, if in Apos Western Wear sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Apos Western Wear, you agree to promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise, and to refrain from further accessing the Site.