Last Updated: February 27, 2023
Please read these terms and conditions (“Terms,” “Terms and Conditions” or “Agreement“) carefully before using https://www.thederekheart.com/ (the “Site“) or the services, features, content or applications offered by Derek Heart® Dress, Clothing, Jumpsuit, Sweater, Pants, Shirts (“DH“, “we“, “us” or “our“).
This Agreement sets forth the legally binding terms and conditions for your use of the Site and Services. By accessing or using the Site or Services in any manner, including, but not limited to, visiting or browsing the Site, you agree to be bound by this Agreement and our Privacy Policy.
Intellectual Property
The Site and Services contain intellectual property owned by DH, including trademarks, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Services content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site and Services, without refund, if you are caught violating this intellectual property policy.
User Content
User Content Defined. “User Content” means any and all information and content that a user submits to the Site or Services. User Content includes comments, forum posts, chat posts, reviews, ratings, and any other content submitted by users.
Ownership of User Content. You continue to retain ownership and control of your User Content after submitting it to the Site or Services. You grant DH a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other content, create derivative works from, distribute, perform, edit and display your User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology.
Responsibility for User Content. You are solely responsible for your User Content and the consequences of posting or publishing it. DH has no responsibility or liability for your User Content or the content of any third party sites or services with which they may be linked.
You represent and warrant that: (i) you own or have the necessary rights and permissions to all User Content that you submit; and (ii) your User Content does not violate the Acceptable Use Policy.
You agree to immediately notify DH of any unauthorized use of your User Content or Site account of which you are aware.
No Compensation. DH does not compensate you in any way for your User Content. DH may choose to remove your User Content from the Site or Services at any time for any reason at its sole discretion.
Acceptable Use Policy
You agree not to abuse or make any unlawful use of the Site or Services or User Content, attempt to gain unauthorized access to the Site or Services or User Content, or assist others in doing so.
Prohibited behavior includes:
- Posting any User Content that: (i) infringes on the intellectual property, publicity, privacy or other rights of others; (ii) violates any law; (iii) is offensive or promotes racism, bigotry, hatred or harm against any group or individual; (iv) is inaccurate, false or misleading; (v) promotes illegal activities or conduct that is abusive, threatening or obscene; (vi) contains programs, viruses or other devices that could harm DH or its property.
- Using the Services to send spam or otherwise sending unsolicited or unauthorized emails.
- Interfering with the proper operation of the Site and Services through the use of any device, software or routine.
- Gaining or attempting to gain unauthorized access to the Site, Services, other DH accounts, computer systems or networks connected to the Site or Services through hacking, cracking, password mining or any other means.
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site or Services.
- Reproducing, distributing, modifying, displaying, performing, publishing, licensing, creating derivative works from, offering for sale, or using content or materials from the Site or Services without express authorization.
- Impersonating or misrepresenting your affiliation with any person or entity.
Purchases and Payments
Purchasing. If you wish to purchase products or services as offered on the Site or Services (“Products”) you may be asked to supply certain information including, but not limited to, your credit card number, billing address, and shipping information.
Prices are listed in U.S. dollars, excluding any applicable sales tax. We reserve the right to reject or cancel your order for any reason at any time, including after confirmation of your order.
Shipping & Delivery. When you purchase Products, they will be shipped according to the shipping options available on the Site and the shipping address you provide. We cannot ship to PO Boxes. Delivery dates provided are estimates only and are not guaranteed. We are not liable for any delays in the shipment of Products.
Returns. If you are not fully satisfied with the Products purchased on our Site, you may return it to us within 30 days of the original purchase date as long as the merchandise is in new condition with original tags and labels. You are responsible for all return shipping fees. We will issue a refund to your original method of payment once the returned Products have been received and inspected.
Payments. We accept payment through various methods, such as credit/debit cards and online wallets. All payment information transmitted to our payment gateway providers is encrypted using industrystandard technology. The security of your personal information is important to us. When you enter sensitive information on our Site, the transmission of that information is secured using Secure Sockets Layer (SSL) protocol.
Pricing Errors. We make every effort to provide you with accurate pricing information, however errors may occur. If we discover a pricing error, we will correct it and apply the correct price. We also reserve the right to cancel orders arising from pricing errors, with or without notice, including after order confirmation and your credit card has been charged. If your credit card has already been charged and the order is canceled, we will issue a credit to your credit card.
Disclaimers and Limitations
The information and materials provided by DH or obtained by you through the Site and Services are provided “as is” without warranties of any kind, either express or implied.
DH disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
DH does not warrant that the Site or Services will meet your needs; that the Services will be uninterrupted, timely, secure or error-free; that the Site, Services or Server are free from viruses or other harmful components; or that any errors or defects will be corrected.
DH makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services.
Products purchased or obtained through the Services are provided by third party providers who are solely responsible for their representations and warranties.
In no event will DH, its affiliates or their licensors, partners, suppliers, employees, agents, officers or directors be liable for damages of any kind arising from the use of the Site or Services, including direct, indirect, incidental, punitive and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless DH, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, actions, demands, liabilities, damages, judgments, settlements, losses, costs, expenses or fees that arise from or relate to (a) your breach of this Agreement; (b) your misuse of the Site or Services; or (c) your violation of any third-party rights.
Limitation of Liability
Under no circumstances shall DH be liable for damages of any kind that result from and/or are related to your use of the Site or Services, including damages arising out of your reliance on any information in the Site or Services, damage to any user device, computer system or network, failure of products or services to be compatible or functional, loss or lack of profits or savings, or other direct, indirect, incidental, punitive, or consequential damages whether based on breach of contract, breach of warranty, negligence, product liability or otherwise.
The total aggregate liability for DH for any claims under this Agreement is limited to the greater of (A) the amount you paid to DH to use the applicable service or (B) $100.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site or Services. We may suspend or terminate your right to access or use the Site or Services if you violate this Agreement or engage in any activity that violates our policies, is unlawful, or is harmful to others.
Upon any termination, you must immediately cease using the Site or Services and destroy all materials obtained from the Site or Services. The following provisions survive termination: Intellectual Property, User Content, Disclaimers/Limitation of Liability, Indemnification, and Legal Disputes.
International Use
The Site and Services are intended for users in the United States. They do not intend to subject DH to any non-U.S. jurisdiction or law. DH may restrict access to the Site and Services to any person or geographic area at any time. Any software available through the Site or Services is subject to U.S. export controls and may not be downloaded or exported (a) into (or to a resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Site or Services, you represent and warrant that you are not located in or under the control of any country or on any list as described above.
Governing Law & Jurisdiction
This Agreement is governed in all respects by the substantive laws of the State of New York without regard to conflict of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Agreement must be brought in the state or federal courts located in New York County, New York.
General Provisions
Entire Agreement. This Agreement constitutes the entire agreement between you and DH with respect to the subject matter hereof and supersedes any prior or contemporaneous communications and proposals.
No Waivers. The failure by DH to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect the right of DH to enforce such provision thereafter.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Notice to California Users. Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at the contact information above with any questions.
Assignment. We may freely assign this Agreement. You may not assign this Agreement without our prior written consent.
Headings. The section titles are for convenience only and have no legal or contractual effect.
Contact Us. If you have any questions about this Agreement or our practices, please contact us as follows:
Via Email: [email protected]
Via Phone: 513-784-5458
Thank you for being a DH customer!