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Terms of Use
 
TERMS OF USE
Last updated July 22, 2014

Introduction
Welcome to the James Perse ("we," "us," or "our") website (the "Site"). Please review carefully the following Terms of Use. When you access or use the Site or submit information to us through the Site, you are automatically agreeing to follow and be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, we ask that you refrain from accessing or using the Site. We may update the Terms of Use from time to time without prior notice to you. If we make changes, we will notify you by revising the date at the top of the page. Your continued use of the Site after we post any changes to the Terms of Use constitutes your acceptance of the changes.

Errors and Inaccuracies
We strive to provide complete and accurate information on the Site. Unfortunately, however, we are not able to ensure and do not represent and warrant that the Site is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, omissions and outdated information - some of which may relate to pricing and availability of products and services. We reserve the right (but are not obligated) to correct any errors, omissions or inaccuracies and to change or update information at any time without prior notice and without liability to you.

Please be aware that your computer settings may affect the display of products, and particularly colors. Feel free to contact one of our stylists if you have questions about our products.

Account Registration
We welcome our clients aged 18 years of age or older to register for an account. By registering you will enjoy exclusive communications about new products, store openings, special offers and sample sales; expedited check out; storage of contact and payment information for future use; and access to your transactional history. Registered clients must create a username and password. When you log into your account, you are agreeing to use the Site in a manner consistent with these Terms of Use. Take care to protect your password: you are solely responsible for any activity conducted on the Site (including, without limitation, the placement of orders) using your username and password. We will never ask you for your password. Please notify us immediately if you believe your account has been compromised.

We reserve the right to refuse or cancel any account registration, or prohibit any person from using the Site for any reason whatsoever.

Ownership of Site / Copyrights and Trademarks
The Site and all content contained herein (including, without limitation, photographs, images, text, graphics, artwork, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress, the layout and arrangement of the Site and software and code used to design and develop the Site) are protected by copyrights, trademarks, patents, intellectual property rights and other applicable laws, and are the exclusive property of James Perse Enterprises, Inc. ("James Perse"") and/or its subsidiaries, affiliates, licensors or third party content providers. The names and marks James Perse, James Perse Los Angeles, Standard James Perse, Y/osemite James Perse, Y/ and all other marks depicted on the Site, whether registered or unregistered, are trademarks or service marks of James Perse and/or its subsidiaries, affiliates, licensors or third party content providers. Except as otherwise described herein, you shall have no right or license to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, which we may withhold in our sole and absolute discretion.

James Perse reserves all rights not expressly granted in and to the Site and its content.

Use of Site
You agree to use the Site and the services only for their intended purposes (such as reviewing and purchasing products, or providing information to us) in accordance with these Terms of Use and all applicable laws. You may copy, electronically download or print hard copies of pages from the Site solely for personal, noncommercial purposes related to placing an order or shopping with JamesPerse.com. When copying, downloading or printing content for your personal, noncommercial use, be advised that (i) you do not obtain any right, title or interest in the content; (ii) you agree not to alter or delete any copyright, trademark or other intellectual property right notice that appears on the content; (iii) you agree not to modify, alter or create derivative works from the content; (iv) we do not represent or warrant that such use will not infringe the rights of any third parties not affiliated with us; and (v) we may revoke your ability to use the content in any fashion at any time in our sole discretion.

Any other use of the Site, including, without limitation, accessing, modifying, deleting, downloading, copying, displaying, performing, publishing, distributing or transmitting the Site or its content, in whole or in part, for any public or commercial purpose (without our prior written permission) or any unlawful purpose is strictly prohibited. Your use of the Site may not disrupt the operation of the Site or our business or result in unauthorized access to the Site, our network or data belonging to us or a third party. We reserve the right to terminate, limit or restrict your access to and use of the Site at any time without notice. You will remain liable for any orders or charges made or incurred by you prior to any such termination.

Content You Submit
You are responsible for any content you may submit via the Site, and certify that you own or have the authorization to use such material and that such material is accurate and appropriate. Except for information necessary to place an order, any comments, suggestions, ideas or other submissions sent to us will be deemed nonconfidential, and you hereby grant us and our affiliates a worldwide, irrevocable, royalty-free, nonexclusive and sublicensable license to use, display, exhibit, distribute, reproduce, develop, market, broadcast, perform, transfer or otherwise exploit such content, and create derivative works therefrom, in any medium now known or later created.

You may not misrepresent yourself or the origin of any content you submit via the Site by, for example, providing false names, contact information or other personal identifying information. You may not upload to, distribute or otherwise publish via the Site any content that (i) is false, misleading, fraudulent, libelous, defamatory, obscene, indecent, offensive, threatening or otherwise illegal or inappropriate; (ii) violates the intellectual property, privacy or other right of another; (iii) constitutes a commercial, political or personal solicitation; or (iv) may contain any form of malicious software (e.g., viruses, worms, malware, or other destructive code). You agree to indemnify and hold us, our officers, directors, employees and affiliates harmless from any damages, claims or causes of action arising from or related to your violation of the foregoing. We may remove any content you submit at any time for any reason.
All personal information submitted to the Site will be handled in accordance with our Privacy Policy.

Orders
Nothing contained on the Site shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. We will issue a credit to your original form of payment if you were previously charged. If a product is listed at an incorrect price, we may refuse or cancel orders placed for such product, in accordance with applicable law, and will issue a credit to your original form of payment if you were previously charged. You may not purchase our products with the intent of engaging in commercial resale activities.
Please be advised that different assortments of merchandise may be found on the Site and in our retail stores or department stores. The terms and conditions governing international orders may be found here.

Third Party Sites
For your convenience and information, the Site may, from time to time, contain links to other sites operated by companies or entities that are not affiliated with James Perse. These third party sites may have different terms of use and privacy policies, which you should review if you access the sites from JamesPerse.com. We do not monitor or endorse these third party sites, and are not responsible for the content or practices of any sites that are not affiliated with James Perse.

DISCLAIMERS
BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, ITS CONTENT AND THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH IT, ARE PROVIDED "AS IS" WITH ANY AND ALL FAULTS. JAMES PERSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR NONINFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR COMMUNICATION WITH US. THE INTERNET IS AN UNPREDICTABLE MEDIUM AND PROBLEMS FREQUENTLY OCCUR. JAMES PERSE DOES NOT WARRANT THAT THE SITE'S OPERATIONS OR CONTENT WILL BE UNINTERRUPTED, SECURE OR FREE OF ERROR. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR EQUIPMENT, OR LOSS OF DATA ARISING FROM YOUR USE OF THE SITE, INCLUDING THE DOWNLOAD OF MATERIALS FROM THE SITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND UNDERSTAND AND ASSUME THE RISKS OF SENDING INFORMATION VIA AND CONDUCTING TRANSACTIONS OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT JAMES PERSE AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THE SITE AND YOUR USE OF THE SITE, YOUR USE OF A SITE LINKED TO FROM THE SITE, THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO, LOSS OF OR USE OF DATA, ANY FAILURES OF PERFORMANCE, ERRORS OR OMISSIONS, NETWORK OR INTERNET DELAYS OR FAILURES OR THE ACTIONS OF THIRD PARTIES WHO USE THE SITE, WHETHER SUCH DAMAGES, CLAIMS OR CAUSES OF ACTION ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH JAMES PERSE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THIS LIMITIATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend and hold harmless James Perse, our officers, directors, employees and affiliates from and against any and all damages, claims or causes of action, including attorneys' fees and costs, arising from or related to your use of the Site, or your violation of any of these Terms of Use, any law or the rights of any third party.

Applicable Law and Forum Selection
You agree that the laws of the State of California (and not any other law, including the United Nations Convention on Contracts for the International Sale of Goods) will govern these Terms of Use, your use of the Site, and any dispute of any sort that might arise between you and James Perse, our officers, directors, employees and affiliates, without regard to principles of conflict of law. For the purpose of any action, suit or proceeding arising out of or relating to these Terms of Use, your use of the Site or any transaction with us, or for recognition or enforcement of any judgment, venue shall lie exclusively in any federal or state court within the City of Los Angeles in the State of California having subject matter jurisdiction. You agree and consent to personal jurisdiction in any federal or state court within the City of Los Angeles in the State of California. You agree that any claim or cause of action you may have with respect to James Perse, our officers, directors, employees and affiliates or the Site must be commenced within one (1) year after the claim or cause of action arose.

Miscellaneous

•   Entire Agreement
  These Terms of Use contain the entire agreement between you and James Perse concerning the subject matter hereof, and supersede all prior or contemporaneous communications or agreements, written or verbal, between us. No modifications of these terms or waiver of these terms will be binding upon us, unless approved in writing by James Perse.

•   No Waiver
  You agree that no failure or delay by us in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.

•   Severability
  If any portion of these Terms of Use is held to be invalid or unenforceable, the remainder of the terms and the applicability of such term to other persons or circumstances shall not be affected thereby. Subject to the foregoing, each of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.

Contact Us
If you have any questions or requests relating to these Terms of Use, please contact us using the following information:

James Perse
7373 Flores Street
Downey California 90242
Attn: Customer Service
Phone: 866 466 0668
Fax: 310 464 3552