Please review these basic terms for use of our Website (collectively, the “Terms”). By using the Website, you agree to follow and be bound by these Terms. If you do not agree with one of these Terms, please do not use this Website. We may change these Terms any time. By using the Website after a change, you agree to follow and be bound by the Terms as changed. Accordingly, please review these Terms regularly. Throughout these Terms, “we”, “us”, and “our” refers to WHITNICK, Inc. and its parents, subsidiaries, and its affiliated entities, and “Website” refers to the site found on the Internet at www.whitnick.com.
WHITNICK is a trademark of WHITNICK, Inc., as well as most other product names and logos used by WHITNICK, Inc. on this website are the trademarks or registered marks of WHITNICK, Inc. These include all products, logos, and phrases denoted with™ or ®.
WEBSITE CONTENTS AND TECHNOLOGIES:
Unless otherwise expressly noted, you should assume everything you see, hear, or otherwise receive from or on the Website (collectively, the “Contents”) is copyright, trademark, trade dress or other intellectual property owned or licensed by us. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Website as a whole, and any other materials at our Website.
Except for any intellectual property or content of third parties included on the Website, you may use or download the Contents solely for your personal noncommercial purposes, provided you retain all of their copyright and other proprietary notices and designations. No other type of use is permitted and you may not make any use of any intellectual property or content Website except as otherwise expressly provided in these Terms or with our prior written consent. Nothing in the Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Website. The downloading or export of software or technical data from this Website to any jurisdiction in violation of United States export laws is strictly prohibited.
We do not provide the technologies used to build our Website and, therefore, we neither recommend nor endorse these technologies. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. We hereby disclaim any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third parties.
COPYRIGHT AND USAGE OF CONTENT:
The copyrights and other rights to the materials on our website are owned by WHITNICK, Inc. No further publication or commercial use may be made of the materials on this website without the express written permission of WHITNICK, Inc.
SUBMISSION OF INFORMATION TO AMERICAN FIRST CLOTHING:
USER COMMENTS AND SUBMISSIONS:
You promise that no information or material you transmit to the Website will violate anyone else's right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane, or otherwise unlawful, abusive or obscene material, as determined by us in our sole discretion. You will be solely responsible for the content of any submissions you might make. We are not responsible or liable for the content of information that others post at or transmit to the Website, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity contained in any such information, or for the conduct of any Website user.
Products displayed on the Website can be delivered only within the United States. Prices are valid and effective only in the United States. We attempt to ensure the accuracy of all product information, but prices are subject to change without notice. We do not warrant the accuracy of Website information regarding product price and availability. We have tried to accurately display the colors of our products on the Website. However, the colors you see will depend on your monitor and we cannot guarantee that your monitor's display will be accurate.
It is our mission to exceed our customer’s expectations by continuously providing innovative products at a great value. Because we value our customers’ opinions, we listen to them and take them seriously. Towards this end, we reserve the right to change product features and designs without notice or obligation.
LINKS TO OTHER WEBSITES:
Any links contained on the Website to outside websites are provided only as a convenience. If you have any concerns regarding any outside site linked to or from the Website, please direct them to the owner or operator of the outside site. All use of outside links is at your sole risk. We are not responsible for any outside sites, services, or other materials linked to or from the Website, and we disclaim all liability for any injury you might experience by using such materials. You may not create hyperlinks to this Website, nor may you use any "framing" or similar techniques to enclose any portion of this Website without our prior written consent.
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL WHITNICK, Inc. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF WHITNICK, Inc. IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Additionally, WHITNICK, Inc. makes no representations or warranties whatsoever about any other website which you may choose to access through this website. Links provided by WHITNICK, Inc. to such websites are provided solely for your convenience and should not be deemed to imply that WHITNICK, Inc. endorses those websites or any content therein.
You agree to defend, indemnify and hold us (along with our directors, officers, employees, and agents) harmless from and against any claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Website or your violation of any of these Terms.
Unless otherwise specified, we display this Website and the Contents solely to market and promote our products and services in the United States. We control and operate this Website from our offices in Sewalls Point, Florida.
These Terms shall be construed according to Florida law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Website, or products or services purchased using this Website, shall be resolved exclusively by the state and federal courts of the State of Florida. Your use of the Website constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
Your failure to comply with these Terms automatically revokes your authorization to use the Website and terminates any and all rights granted to you under the Terms. The restrictions, including restrictions with respect to the Content, disclaimers, and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Website, as well as all copies of Content.
All sales are final. No refunds will be issued.
With regards to apparel items, we will exchange items to a different size within 30 days of the original order date.
Items received damaged or defective will be replaced free of charge within 30 days of the original order date. In the event an item arrives damaged or defective, customers will need to notify WHITNICK, Inc. via email within 10 days of the delivery date and include a photo of the damaged item. A replacement for the item will then be shipped free of charge. Please direct said emails to: email@example.com.
EFFECTIVE DATE AND CHANGES:
These Terms are effective as of January 1, 2016. We reserve the right to modify these Terms at any time and in our sole discretion, by posting a change notice on this page. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.