TERMS AND CONDITIONS

 

Conditions of Use.

 

This Internet Web site (the "Site") is operated by My Team Coat, Inc. (“My Team Coat”). My Team Coats provides the Site and access to the Site, subject to the following terms and conditions. YOUR USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.

 

My Team Coat Privacy Policy.

 

Order information and other information about you are subject to My Team Coat’s privacy policy and shall only be used in accordance with that policy. For more information, please go to the privacy policy statement posted on the Site.

 

Your Use of the Site.

 

Your access to the Site and the information and data contained therein shall be solely for your personal use. In no event may you download (other than page caching) or modify the Site or any portion of it. You are solely responsible for all data, information and other materials that you transmit to the Site. You further agree that you will not use the site for any unlawful purpose or in violation of any law or contract.

 

Maintenance of the Site.

 

You agree and acknowledge that My Team Coat may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. My Team Coat may also, from time to time, establish general rules and policies regarding use of the Site. My Team Coat will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site.

 

Linked Sites.

 

My Team Coat has not reviewed all of the sites linked to the Site and is not responsible for the content of any third-party pages or any other sites linked to the Site. Nothing in the Site, including, without limitation, any links to other sites, should be construed as an endorsement of any products, services or information of any other persons or companies by My Team Coat. Your choice to link to any other off-site pages or other sites is at your own risk, and you agree to comply with all terms and conditions relating to such pages or sites. My Team Coat reserves the right not to link, or to remove the link, to a particular site at any time. Any links to third party sites are provided as a convenience to you and are not owned nor operated by My Team Coat. My Team Coat has no control over these linked sites, and makes no representations or warranties with respect to these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.

 

Special Admonitions for International Use.

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

Indemnification.

 

You agree to hold harmless and indemnify My Team Coat, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

 

The Site Content.

 

The Site and all material on the Site (the "Content") contained therein, including, without limitation, all data, text, graphics, and other works on the Site, the Site's design and coding, all computer programs used and licensed in connection with the Site and the look and feel of the Site are owned by My Team Coat, its licensors or a third party. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the Site or otherwise as expressly authorized by My Team Coat, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the Site, without the prior written consent of My Team Coat. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content therein. My Team Coat grants you a personal, non-transferable, nonexclusive right to use the Site and the content displayed therein solely for your personal use, provided that you comply with these Terms and Conditions and any other rules regarding such use.

 

Disclaimers.

 

MY TEAM COAT IS PROVIDING THE SITE, ITS CONTENT, MATERIALS AND PRODUCTS ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. MY TEAM COAT DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MY TEAM COAT DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER.

 

Limitation of Liability.

 

MY TEAM COAT AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES AND LICENSORS, ARE NOT RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, THE ITEMS PURCHASED ON THIS SITE, OR ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF MY TEAM COAT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. MY TEAM COAT’S LIABILITY FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID FOR ANY ITEMS PURCHASED THROUGH OUR SITE DURING THE IMMEDIATELY PRECEDING THREE MONTH PERIOD. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, MY TEAM COAT'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

 

Proper Law and Jurisdiction.

 

All rights and obligations relating to formation or performance of the agreement contained in the terms and conditions of this Agreement shall be governed by the laws of the State of North Carolina, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forum for the resolution of any dispute relating to the terms and conditions of this Agreement shall be the state and federal courts in Raleigh, North Carolina, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to the terms and conditions of this Agreement, and agree to service of process on you by e-mail to the address you have submitted on the Site, or by any other means deemed reasonable by My Team Coat.

 

Notice.

 

Any notice required for or permitted by this Agreement shall be in writing and shall be deemed delivered if delivered as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, (iii) by telecopy or facsimile transmission when confirmed by telecopier or facsimile transmission report, (iv) by certified or registered mail, return receipt requested, upon verification of receipt; or (v) by the same day, when delivered by email. All notices must be sent to:

 

My Team Coat, Inc.

PO Box 25428

Raleigh, North Carolina 27611

Facsimile: (919) 664-8082

 

Miscellaneous.

 

You may not assign, sub-license or otherwise transfer any of your rights under the terms and conditions of this Agreement. If any provision of the terms and conditions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect. Headings in the terms and conditions of this Agreement are for convenience only and shall have no legal meaning or effect. No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. The terms and conditions of this Agreement, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. My Team Coat' decision not to enforce a particular provision of this Agreement does not mean that My Team Coat waives the right to enforce it. My Team Coat shall waive such a right only in writing.

 

This Agreement was last revised on December 12, 2007