By using this website (“Site”), you agree to the following terms and conditions of use (“Terms”). If you disagree with any of the Terms, you should immediately terminate use of this Site. If you have any questions, please contact 12° West via the form found on the contact page. Twelve Degrees West, LLC (“12° West”) reserves the right to change these terms at any time without notice. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
TRADEMARKS & CONTENTS
12° West and the 12° West logo are registered trademarks of Twelve Degrees West, LLC. The use of any of our trademarks or service marks without our express written permission is strictly prohibited. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 12° West and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or any other “hidden text” utilizing 12° West or any other name, trademark or product or service name of 12° West without our prior written permission.
All Site materials and creative works displayed on the Site – including but not limited to text, graphics, images, video and audio – are the proprietary and copyrighted property of 12° West and may not be used without our prior written permission, except as noted in the section “Linking to 12° West.”
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
LINKING TO 12° WEST
12° West grants you a limited, nonexclusive right to link to this Site for non-commercial use, provided such link does not portray 12° West or any of its products or services in a misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. 12° West’s intellectual property may not be used in meta tags or any other “hidden text.” You may not make any commercial use of any of the information provided on the Site, or make use of the Site for the benefit of another business unless explicitly permitted by us in writing. In establishing hypertext links to this Site, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of 12° West, including its employees, agents, directors, officers and members.
USER GENERATED CONTENT
Any user generated content submitted to the Site, including reviews and images (“User Content”), is non-confidential. 12° West shall have a perpetual, worldwide, non-exclusive license to use such materials. 12° West may use such User Content on the Site and in other promotional materials.
You may not upload any User Content that violates the rights of any third party, or content that is unlawful in any manner. You shall remain solely responsible for any liability incurred due to User Content provided to this Site. 12° West reserves the right to remove or edit any User Content at any time for any reason.
THIRD PARTY CONTENT
12° West takes no responsibility for third party advertisements that are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
PRODUCT PRICING & AVAILABILITY
Prices on the Site are displayed in U.S. Dollars and may be changed without notice. 12° West may revise or discontinue products at any time without prior notice.
12° West attempts to be as accurate as possible in describing and portraying our products. However, we do not warrant that product descriptions, photographs, pricing or other content on this Site are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by 12° West is not as described or pictured, your sole remedy is to return it in unused condition for a full refund. In the event of an error in pricing, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify 12° West of your copyright infringement claim in accordance with the following procedure.
12° West will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent. For the contact information for our Copyright Administrator, please submit a request via our contact page.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USE BY CHILDREN
12° West does not sell products for purchase by children under 18 without parental consent. By using this Site, you represent that you are at least 18 years old. If you are under age 18 you must leave this site immediately. 12° West is not responsible for any damages that may result from misrepresentation of age by any user of the Site.
LIMITATION OF LIABILITY
In no event shall 12° West or its officers, directors, shareholders or employees be liable for any direct, indirect, special or consequential damages, or any other damages of any kind, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected to the use of this Site.
12° West’s total liability to you shall never exceed the amount that you have paid to 12° West for products purchased on this Site.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY, THIS SITE, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 12° West DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND SITE MATERIALS. 12° West DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. 12° West IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
12° West DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 12° West IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICES.
Further, 12° West does not represent that the Site will operate without interruption or error, nor does it provide any assurances of the availability or usability of any online shipping services. 12° West disclaims any liability for any consequences arising from the application, use or misuse of information contained on the Site, including any injury or damage to any person or property as a matter of product liability, negligence or otherwise. In no event shall 12° West be liable for any incidental, consequential, punitive or special damages, whether direct or indirect. Any liability on 12° West’s part shall not exceed the fees paid by you for the particular product or service provided. 12° West is not liable for the unauthorized use of its content by any other web site. You acknowledge that 12° West, its parents and affiliates together with their respective employees, agents, directors, officers and members, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You agree to defend, indemnify and hold harmless, 12° West and its employees, directors, contractors and agents from and against any third party claim, damages, costs and expenses (including attorneys’ fees), arising from or related to the use of this Site, including but not limited to your breach or alleged breach of these Terms or your breach or alleged breach of the copyright, trademark or other rights of third parties.
SEVERABILITY, MERGER & NON-WAIVER
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Prior lax enforcement of any provision of the Terms or a failure to enforce any term thereof shall not be construed as a waiver of that provision.
The laws of the State of New York shall govern and construe these Terms, without giving effect to any conflict of laws provision to the contrary. You irrevocably consent to the exclusive jurisdiction of the federal and state courts located in New York County, New York as the forum for any dispute between you and12° West arising out of or related to the subject matter of these Terms.