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Terms and Conditions
Updated: January 25, 2023
Please read these terms and conditions carefully. If you have any questions about these Terms and Conditions, You can contact us by sending an email to [email protected].
1) Interpretation and Definitions
a) Interpretation. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
b) Definitions. For the purposes of these Terms:
i) “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
ii) “Account” means a unique account created for You to access our Service or parts of our Service.
iii) “Company” (referred to as either "Company", "We", "Us" or "Our" in this Agreement) refers to Imbriale, LLC d/b/a Rig Outfitters & Home Store.
iv) “Country” refers to the United States of America.
v) “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
vi) “Device” means any device that can access Our Service such as a computer, a cell phone or a digital tablet.
vii) “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
viii) “Products” refers to the products or items offered for sale on Our Service.
ix) “Orders” means a request by You to purchase Products from Us.
x) “Promotions” refer to contests, sweepstakes or other promotions offered through Our Service.
xi) “Service” refers to the Website and the Products offered for sale through Company’s retail locations.
xii) “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Company regarding the use of Our Service.
xiii) “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by Our Service. xiv) “Website” refers to www.rigoutfitters.com
xv) “You” means the individual accessing or using Our Service, or Company, or other legal entity on behalf of which such individual is accessing or using Our Service, as applicable.
a) These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of Our Service.
b) Your access to and use of Our Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use Our Service.
c) By accessing or using Our Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access Our Service.
d) You represent that you are over the age of 18. Company does not permit those under 18 to use Our Service.
3) User Accounts
a) When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
b) You are responsible for safeguarding any password that You use to access Our Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
c) You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
d) You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4) Intellectual Property Infringement
a) We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on Our Service infringes a copyright or other intellectual property infringement of any person.
b) If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through Our Service, You must submit Your notice in writing to [email protected] and include in Your notice a detailed description of the alleged infringement.
c) You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
5) Placing Orders for Products
a) By placing an Order for Products through Our Service, You warrant that You are legally capable of entering into binding contracts.
6) Your Information
a) If You wish to place an Order for Products available on Our Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
b) You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
c) By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
7) Order Cancellation
a) We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
· Products availability
· Errors in the description or prices for Products
· Errors in Your Order
b) We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
8) Your Order Cancellation Rights
a) Any Products you purchase can only be returned or refunded in accordance with these Terms and Conditions.
9) Availability, Errors and Inaccuracies
a) We are constantly updating Our offerings of Products through Our Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on Our Service and in Our advertising on other websites.
b) We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10) Prices Policy
a) Company reserves the right to revise its prices at any time prior to accepting an Order.
b) The prices quoted may be revised by Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any
other matter beyond the control of Company. In that event, You will have the right to cancel Your Order.
a) Payment can be made through various payment methods we have available, including but not limited to Visa or Mastercard.
b) Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
a) Any Promotions made available through Our Service may be governed by rules that are separate from these Terms and Conditions.
13) Intellectual Property
a) Our Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Company and its licensors.
b) Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company.
14) Your Feedback to Us
a) You assign all rights, title and interest in any Feedback You provide Company. If for any reason such assignment is ineffective, You agree to grant Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
15) Links to Other Websites
a) Our Service may contain links to third-party web sites or services that are not owned or controlled by Company.
b) Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
c) We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
a) We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
b) Upon termination, Your right to use Our Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using Our Service.
17) Limitation of Liability
a) Notwithstanding any damages that You might incur, the entire liability of Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through Our Service.
b) To the maximum extent permitted by applicable law, in no event shall Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use Our Service, third-party software and/or third-party hardware used with Our Service, or otherwise in connection with any provision of this Terms), even if Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
c) Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
18) "AS IS" and "AS AVAILABLE" Disclaimer
a) Except where expressly and otherwise stated, the Website and products offered therein are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Our Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Company provides no warranty or undertaking, and makes no representation of any kind that Our Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
b) Without limiting the foregoing, neither Company nor any of Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Our Service, or the information, content, and materials or products included thereon; (ii) that Our Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Our Service; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
c) Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
19) Governing Law; Jurisdiction and Venue
a) The laws of the State of New Mexico shall govern this Terms and Your use of Our Service, and You hereby submit to the exclusive jurisdiction of the courts of the State of Mexico (state and/or Federal) for any action, suit or proceeding arising from the Website or any transactions with Company. You hereby irrevocably waives, to the fullest extent permitted by law, any objection that You may now or hereafter have to venue or any such action, suit or proceeding brought in such a court related to Company.
20) Disputes Resolution
a) If You have any concern or dispute about Our Service, You agree to first try to resolve the dispute informally by contacting Company.
21) Severability and Waiver
a) Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
b) Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
22) Changes to These Terms and Conditions.
a) We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
b) By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and Our Service.
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