Welcome to the wearfloggs.com website (the "Site"). This site is owned and operated by Moonstone, LLC., a California LLC. The use of this site is governed by the policies, terms and conditions set forth in this agreement (the "Agreement"). We reserve the right to make changes to this Site and these terms and conditions at any time. ACCESSING OR USING THIS SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT.
USE OF SITE
You represent and warrant that you are at least 18 years old or accessing the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
We may assign you a password and account identification to enable you to access and use certain areas of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All intellectual property on the Site is owned by Moonstone, LLC.and includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned and registered by Moonstone, LLC.All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Moonstone, LLC., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Moonstone, LLC.or its affiliates. All software used on this Site (the "Software") is the property of Moonstone, LLC., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
We gather and store information that you enter into this Web Site or that you voluntarily provide to our Customer Service Department. For example, when you open an account or place an order, we collect and store some or all of the following personally identifiable information that you provide: name, billing address, shipping address, email address, telephone number, credit card number and expiration date. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, and to provide customer service. This information also may be used for our own marketing and internal business purposes, and to contact you about sales, special offers and new site features, unless you have affirmatively opted not to receive promotional communications in connection with this Web Site. You may also provide us information in User Content you post to the Web Site.
We collect and store certain other non-personally identifiable information automatically whenever you interact with this Web Site. For example, we collect your IP address, browser information and reference site domain name every time you visit this Web Site. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Web Site and to provide our customers with a fulfilling shopping experience. In addition to ordering products and services through this Web Site, we may also offer you the opportunity to provide us with Testimonials. If you send a Testimonial to us through this Web Site, in addition to collecting and storing the information described above, we may print that Testimonial, or an excerpt from it, on this Web Site, or otherwise publish it, together only with your first name, the first letter of your last name, and partial location (city, state, and/or country).
We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, contacting customers who have not checked out to follow up on abandoned shopping carts or to see if there was a problem with their use of the site, Web Site evaluation, data analysis and, where applicable, data cleansing. We provide personally identifiable information to these third parties, but we authorize them to use this information only in connection with the services they perform.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
All products sold on wearfloggs.com are guaranteed against defects for 14 days from the date of purchase, subject to the following conditions. International customers are responsible for duty taxes and shipping if order is refused. Except as expressly stated herein, Moonstone, LLC.makes no representations or warranties, either express or implied, of any kind with respect to products sold on the wearfloggs.com web site. Except as expressly stated herein, Moonstone, LLC.expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Moonstone, LLC.arising from any product sold on the wearfloggs.com site shall be the price of the product ordered. In no event shall Moonstone, LLC., its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to any product sold.
The wearfloggs.com website and the materials therein are provided “as is”. Moonstone, LLC.makes no representations or warranties, either express or implied, of any kind with respect to the wearfloggs.com website, its operation, content, information, or materials. Moonstone, LLC.expressly disclaims all warranties, express or implied, of any kind with respect to the wearfloggs.com site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that Moonstone, LLC., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the wearfloggs.com website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Moonstone, LLC.shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Moonstone, LLC.shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Moonstone, LLC.shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Moonstone, LLC.is not responsible for the operation of or content located on or through any such site.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by Moonstone, LLC.in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
If any provision or any portion of any provision of this Agreement shall be held to be void or unenforceable, the remaining provisions of this Agreement and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
7095 Hollywood Blvd #632