Privacy Policy and Terms of Use
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience
(your information helps us to better respond to your individual needs)
• To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to personalize your experience.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the \\'Edit Profile\\' page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at Terms of Use.
Your Consent
By using our site, you consent to our Privacy Policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
Privacy Policy Created by Ultimate Apocalypse Apparel llc.
TERMS OF USE
PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS OF USE") BEFORE USING THIS WEB SITE, AS USE OF THE WEB SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS WEB SITE OR PURCHASE PRODUCTS IF YOU DO NOT AGREE.
Welcome to the website (however accessed) and other interactive features or downloads (e.g., widgets) that are accessible or downloadable through, or related to, the website and owned by Ultimate Apocalypse Apparel LLC., LLC. Ultimate Apocalypse Apparel LLC. provides you access to other sites controlled by us (including, but not limited to, www.UltimateApocalypse.com)and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below.
Your access to and use of the Site (whether browsing, viewing or interacting with the Site or otherwise) is subject to the following terms and conditions and all applicable laws. We may change these Terms of Use at any time without notice so check it each time you visit the Site. By accessing and browsing our Site, or posting a link to the Site on your or another site, you accept, without limitation or qualification, these terms and conditions. If you do not agree to them, please DO NOT USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the then posted Terms of Use and Privacy Policy (click to hyperlink) and constitutes a legally binding contract between you and Ultimate Apocalypse Apparel LLC.. You agree that Ultimate Apocalypse Apparel LLC. may provide to you required notices, agreements and other information concerning the Site to you electronically. Ultimate Apocalypse Apparel LLC. will post the notices on the homepage of the Site or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Site. In some instances, both these Terms of Use and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site Additional Terms. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Registration and Password
Certain portions of our Site, including, but not limited to, when you make purchases, may require registration. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ultimate Apocalypse Apparel LLC. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ultimate Apocalypse Apparel LLC. has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to create a user name, password and account designation upon completing the registration process. User names should not include your full name and we recommend that you select a fanciful name. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You may never use or access another person's account without permission, impersonate another user, or seek another user's password or personally identifiable information. You agree to (a) immediately notify Ultimate Apocalypse Apparel LLC. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ultimate Apocalypse Apparel LLC. will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement, any unauthorized access to your password or your failure to adequately protect your password.
Ultimate Apocalypse Apparel LLC. Intellectual Property Rights and Limited License
All text, graphics, layout, images, audio and/or video, designs, advertising copy, logos, trade names and marks, service marks and trade identities, multimedia content or other material that you see or read on the Site (including, past, present and future versions), and all related technology and code (the Materials) are owned or being used with permission by Ultimate Apocalypse Apparel LLC., and may not be used except as provided in these Terms of Use. Ultimate Apocalypse Apparel LLC. grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials (excluding source and object code) on any single computer for your personal, non-commercial use only, provided that:
- you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials;
- you make no modifications to the Materials, except as specifically permitted by us;
- you do not allow or aid or abet any third party (whether or not for your benefit):
- to copy or adapt the object code of the Site's software, HTML, JavaScript or other code; and/or
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site;
- you do not insert any code or product to manipulate the Materials in any way that affects any user's experience; and
You further agree that you will not:
- modify, frame, reproduce, archive, sell, lease, rent, exchange, encumber, hypothecate, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose (except as specifically permitted by us); and/or
- use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage).
Ultimate Apocalypse Apparel LLC. reserves the right to modify the license granted in this section and the restrictions described in this section in writing on the Site, including, without limitation, by charging fees therefor and/or making certain features available through the Site that may invite you to use the Materials in a manner not described above.Ultimate Apocalypse Apparel LLC. may add, change, discontinue, remove or suspend any of the Materials at any time, without notice and without liability. Any attempt by you to sublicense, transfer or assign the Material will be void.
Submissions
While we are looking forward to receiving your materials when we specifically ask for them or invite you to post them, it is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, you agree that any User Content (defined below) you do transmit to us electronically or otherwise will be treated as non-confidential and we may use such any way we want with no obligation to you.
You are solely responsible for all communications and all materials you transmit or submit to Ultimate Apocalypse Apparel LLC., whether created by or for you, including, but not limited to, questions, comments, graphics, information, ideas, writings, music, sound, images, files, photos, audiovisual effects, artwork, text, literary materials, code, data, information, design elements, graphics, suggestions, concepts, biographical information, notes, messages, audiovideo, video, hypertext links, scripts or other material ("User Content"). As more fully set forth elsewhere in these Terms of Use, you may not submit User Content that contains any pornographic, infringing, hate-related, violent or illegal content.
Ultimate Apocalypse Apparel LLC. does not claim ownership of any communication or material you submit or make available for the Site by electronic e-mail or otherwise and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site and you retain ownership thereof provided, however, that by uploading, posting, emailing or otherwise making available any User Content on the Site or otherwise to us, you hereby unconditionally and irrevocably transfer and assign to Ultimate Apocalypse Apparel LLC., its parent and its and their affiliates, subsidiaries, successors, assigns and licensees, in perpetuity, the royalty-free right and license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display and otherwise exploit the User Content you send to Ultimate Apocalypse Apparel LLC., in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used by Ultimate Apocalypse Apparel LLC., its parent and its and their affiliates, subsidiaries, successors, assigns and licensees, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit. You also agree that Ultimate Apocalypse Apparel LLC. may disclose any of same, or any part thereof, to any third party for any reason, including, without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, or any law enforcement request, to enforce Ultimate Apocalypse Apparel LLC.'s rights, to analyze or respond to third party claims or generally protect Ultimate Apocalypse Apparel LLC. and its users. Any modification of this submission policy and license must be in writing and signed by an authorized Ultimate Apocalypse Apparel LLC. signatory. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion.
Solely in connection with your personal website pages dedicated to Ultimate Apocalypse Apparel LLC. or your activities on any portion of this Site, we grant you, on a non-exclusive basis, revocable (at Ultimate Apocalypse Apparel LLC.'s sole discretion) permission to reproduce and redistribute on the fansite to end users, certain Ultimate Apocalypse Apparel LLC. images, graphics or artwork and certain Ultimate Apocalypse Apparel LLC. trademarks and logos that Ultimate Apocalypse Apparel LLC. may expressly designate on the "Blogs & Videos" portion of the Site ("Licensed Site Content"), so long as you comply with the terms and conditions described here and on the Site, as those terms and conditions may be modified from time to time in Ultimate Apocalypse Apparel LLC.'s sole discretion. Without limitation, the following terms and conditions apply to such permitted use of Licensed Site Content off-Site:
1. You must include a prominent link to the Site's homepage in connection with any of your use of Licensed Site Content permitted hereunder.
2. As the operator of an independent, unaffiliated web site, you will have sole editorial control over the MMA News except that you represent and warrant to Ultimate Apocalypse Apparel LLC. that the MMA News will not post material that is illegal or infringes on the rights of third parties, harms the reputation of Ultimate Apocalypse Apparel LLC., its parent or affiliate companies, or its officers or employees. If at any time you post any such material, this permission automatically terminates. Your ownership in the MMA News excludes any Licensed Site Content (excluding elements you submitted) and/or Ultimate Apocalypse Apparel LLC. trademarks and excludes any derivative works to the extent based upon or including Materials and/or Ultimate Apocalypse Apparel LLC.'s trademarks. The MMA News as that term is defined in the copyright law, title 17 United States Code. Additionally, any use or distribution by you of any Licensed Site Content, including without limitation, by email must comply with all applicable laws.
3. You agree to include, and not remove or alter, Ultimate Apocalypse Apparel LLC.'s trademark, copyright or other proprietary rights notices, as provided on the MMA News and email page(s) when displaying any Licensed Site Content and/or Ultimate Apocalypse Apparel LLC. trademarks, and you agree to comply with usage guidelines that may be provided by Ultimate Apocalypse Apparel LLC. from time to time. You agree that all goodwill that arises in connection with your use of Ultimate Apocalypse Apparel LLC. trademarks in uses exclusively to Ultimate Apocalypse Apparel LLC. and agree not to challenge Ultimate Apocalypse Apparel LLC.'s ownership or control of any Ultimate Apocalypse Apparel LLC. trademarks, nor use or adopt any trademarks that might be confusingly similar to such Ultimate Apocalypse Apparel LLC. trademarks.
4. Ultimate Apocalypse Apparel LLC. reserves all rights, title and interest in and to all Materials and Ultimate Apocalypse Apparel LLC. trademarks which are not expressly granted. You shall not sale, rent, lease, reproduce, modify, translate or create derivative works of Materials except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the Materials, without the express written permission of Ultimate Apocalypse Apparel LLC.. You may not host the Site or any Site activity or use any of the Site's tools, applications or software, including without limitation the Site's communications and/or show creation tools. The Materials (excepting only the elements you submitted) you are given a limited permission to use remain owned or controlled by Ultimate Apocalypse Apparel LLC. and you may not make any commercial use thereof nor may the MMA News or email page(s) on which they exist, sell, rent or lease, or advertise or promote, any products, services or commercial activity. The creation and sale of merchandise based on any aspect of the Site or upon Materials (excepting only the elements you submitted) or Ultimate Apocalypse Apparel LLC. trademarks is expressly prohibited.
5. If you intend to charge a subscription or access fee to generate revenue from the MMA News, you are required to notify us before you do so. The limited permission granted here with respect to MMA News use of certain Materials and Ultimate Apocalypse Apparel LLC. trademarks does not cover such circumstances.
6. Under no circumstances will Ultimate Apocalypse Apparel LLC. be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. Ultimate Apocalypse Apparel LLC. reserves the right, in its sole discretion, to expressly refuse this permission to any particular MMA News or user, or to revoke this permission at any time (in Ultimate Apocalypse Apparel LLC.'s sole discretion).
Copyright and Trademarks
The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Ultimate Apocalypse Apparel LLC. owns a copyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the content original to Ultimate Apocalypse Apparel LLC. Third-party content providers own the copyright in content that is original to them. "Ultimate Apocalypse Apparel LLC.", The "Ultimate Apocalypse Apparel LLC. logo", Tradename Apocalypse MMA, as well as other marks that may appear on the Site, are the service and trademarks of Ultimate Apocalypse Apparel LLC.. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Ultimate Apocalypse Apparel LLC.'s written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to Ultimate Apocalypse Apparel LLC. or their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Ultimate Apocalypse Apparel LLC..
No Implied Endorsements The appearance of any celebrities, persons, content or trademarks on the Site is not intended to suggest an endorsement or sponsorship of our Site unless an endorsement or sponsorship is expressly made by Ultimate Apocalypse Apparel LLC..
Advertising, Links, Linking and Other Sites
This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because Ultimate Apocalypse Apparel LLC. has no control over such sites and resources, you acknowledge and agree that Ultimate Apocalypse Apparel LLC. has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Ultimate Apocalypse Apparel LLC. of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Ultimate Apocalypse Apparel LLC. does not author, edit or monitor these pages or links. You further acknowledge and agree that Ultimate Apocalypse Apparel LLC. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
Ultimate Apocalypse Apparel LLC. hereby grants you a non-exclusive, limited licensee, revocable at Ultimate Apocalypse Apparel LLC.'s discretion, for you to link to Ultimate Apocalypse Apparel LLC.'s home page from any site you own or control that is not commercially competitive to Ultimate Apocalypse Apparel LLC. and does not criticize or otherwise injure Ultimate Apocalypse Apparel LLC., so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Ultimate Apocalypse Apparel LLC.. All of Ultimate Apocalypse Apparel LLC.'s rights and remedies are expressly reserved.
Representations and Warranties
You represent and warrant to Ultimate Apocalypse Apparel LLC. that: (i) you have all requisite power and authority, to enter into these Terms of Use, conduct yourself and to execute, deliver, and perform all of your obligations under these Terms of Use; (ii) you have provided, and will continue to provide, information that is correct and current; (iii) you are the owner or authorized licensee-or the authorized agent of the owner or authorized licensee-of your User Content and have full legal, technical and editorial control of the same with respect to your use on the Site; (iv) you have the right to grant the licenses granted under these Terms of Use and the consent of no third party is required; (v) your performance under these Terms of Use and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; (vi) your performance under these Terms of Use will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; and (vii) you will participate solely for the purposes intended and expressly permitted. You further represent and warrant that your User Content and any other information or material you submit or make available to others during your participation, and Ultimate Apocalypse Apparel LLC.'s use thereof pursuant to these Terms of Use, (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including, without limitation, any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right or result in Ultimate Apocalypse Apparel LLC. having any third party payment or other obligations as a result of its exercise of the rights granted by you hereunder; (b) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party's use of the Site; (d) do not promote illegal or harmful activities or substances (including, without limitation, activities that promote or provide instructional information about activities such as making or buying illegal weapons or substances); and (e) are not illegal, unlawful or contrary to the laws or regulations in any jurisdiction where, as applicable, your User Content or participation are created, displayed or accessed. You agree, represent and warrant that you will pay all royalties, fees, and any other consideration owing any party by reason of your User Content being on or available through the Site or resulting from Ultimate Apocalypse Apparel LLC.'s exercise of its rights granted by you hereunder.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" , "AS AVAILABLE" AND "WITH ALL FAULTS BASIS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ULTIMATE APOCALYPSE APPAREL LLC., ITS PARENT, SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, "ULTIMATE APOCALYPSE APPAREL LLC.. PARTIES") DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO): (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE SITE; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO ULTIMATE APOCALYPSE APPAREL LLC.. OR VIA THE SITE. IN ADDITION, THE Ultimate Apocalypse Apparel LLC. PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS.
IN ADDITION, ULTIMATE APOCALYPSE APPAREL LLC. PARTIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL ULTIMATE APOCALYPSE APPAREL LLC. BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
ULTIMATE APOCALYPSE APPAREL LLC. PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. ULTIMATE APOCALYPSE APPAREL LLC. PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ULTIMATE APOCALYPSE APPAREL LLC. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
ULTIMATE APOCALYPSE APPAREL LLC. PARTES DO NOT ENDORSE THE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.
Termination, Discontinuance and Interruptions
Ultimate Apocalypse Apparel LLC. may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if Ultimate Apocalypse Apparel LLC. believes that you: (1) violated or acted inconsistently with the letter or spirit of these Terms of Use or otherwise acted inappropriately; (2) infringed the intellectual property right of a third party; (3) provided any information that Ultimate Apocalypse Apparel LLC. is unable to verify or authenticate; or (4) uploaded or transmitted unauthorized User Content to the Site. You agree that any termination of your access to the Site may be effected without prior notice to you.
ULTIMATE APOCALYPSE APPAREL LLC. MAINTAINS THE RIGHT TO DISCONTINUE OPERATION OF THE SITE, OR YOUR USE OF THE SITE, IN EITHER CASE, IN WHOLE OR IN PART, AT ANY TIME, IN ITS DISCRETION, WITH NO OBLIGATION TO YOU, IN WHICH CASE YOUR ACCOUNT MAY BE TERMINATED, ANY POSTINGS OR OTHER CONTENT MAY BE DESTROYED.
Ultimate Apocalypse Apparel LLC. reserves the right to interrupt the services with or without prior notice for any reason or no reason. You agree that Ultimate Apocalypse Apparel LLC. will not be liable for any interruption of the service, delay or failure to perform, and you understand that except as otherwise specifically provided in Ultimate Apocalypse Apparel LLC.'s written billing policies (including, but not limited to, The Secure Shopping Terms and Conditions of Sale and Ultimate Apocalypse Apparel LLC. has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the services as it sees fit in its sole discretion.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ULTIMATE APOCALYPSE APPAREL LLC. PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE SITE; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ULTIMATE APOCALYPSE APPAREL LLC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ULTIMATE APOCALYPSE APPAREL LLC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL ULTIMATE APOCALYPSE APPAREL LLC. PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL ULTIMATE APOCALYPSE APPAREL LLC. PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ULTIMATE APOCALYPSE APPAREL LLC. PARTIES ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY ULTIMATE APOCALYPSE APPAREL LLC.PARTIES, OR OTHER EQUITABLE RELIEF, AND, WITHOUT LIMITATION, YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS LICENSED TO OR OWNED OR CONTROLLED BY ULTIMATE APOCALYPSE APPAREL LLC.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity
You agree to defend, indemnify and hold Ultimate Apocalypse Apparel LLC. Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:
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