Terms And Conditions

Effective Date:  This Terms of Use Agreement was last updated on May 9th, 2013.

This Terms of Use Agreement sets forth the standards of use of the UPPER PARK CLOTHING Online Service. By using the UPPER PARK CLOTHING.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at UPPER PARK CLOTHING.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. UPPER PARK CLOTHING.com reserves the right to, from time to time, change these Terms at its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Terms as changed. Except as provided in this paragraph, this Agreement may not be amended.

1. Disclaimer of Warranties

The site is provided by UPPER PARK CLOTHING on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, UPPER PARK CLOTHING makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. UPPER PARK CLOTHING shall have no liability for any interruptions in the use of this Website. UPPER PARK CLOTHING disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

2. Limitation of Liability

UPPER PARK CLOTHING SHALL NOT be liable for any damages whatsoever, and in particular UPPER PARK CLOTHING shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if UPPER PARK CLOTHING has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

3. Indemnification

Member agrees to indemnify and hold UPPER PARK CLOTHING, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

4. Modifications and Interruption to Service

UPPER PARK CLOTHING reserves the right to modify or discontinue the Service with or without notice to the Member. UPPER PARK CLOTHING shall not be liable to Member or any third party should UPPER PARK CLOTHING exercise its right to modify or discontinue the Service. Member acknowledges and accepts that UPPER PARK CLOTHING does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

5. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

6. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While UPPER PARK CLOTHING makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

UPPER PARK CLOTHING makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

7. Governing Jurisdiction of the Courts California

Our website is operated and provided in the State of California.  As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.

8. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyrights and other Intellectual Property Protection

This Site as a whole, and all material on this Site, is protected by copyright and other intellectual property rights. See separate copyright notice for further information.

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 UPPER PARK CLOTHING.com, with all rights reserved, or is the property of UPPER PARK CLOTHING and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of UPPER PARK CLOTHING is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of UPPER PARK CLOTHING.

UPPER PARK CLOTHING and UPPER PARK CLOTHING.co are proprietary marks of UPPER PARK CLOTHING.com.  UPPER PARK CLOTHING’s trademarks may not be used in connection with any product or service that is not provided by UPPER PARK CLOTHING, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UPPER PARK CLOTHING.

All other trademarks displayed on UPPER PARK CLOTHING’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with UPPER PARK CLOTHING.

10. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, UPPER PARK CLOTHING.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Upper Park Clothing
1090 East 20th Street
Chico CA, 95926
By Email: info@UpperParkClothing.com

11. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by UPPER PARK CLOTHING, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

All materials on this Web Site (the “Site”), and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by UPPER PARK CLOTHING, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, and other materials contained in this Site. All rights are reserved.

The name UPPER PARK CLOTHING, the UPPER PARK CLOTHING logos, all other UPPER PARK CLOTHING related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of UPPER PARK CLOTHING in the United States and of UPPER PARK CLOTHING in other countries.

The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial use. You may not reproduce, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, and any of the materials in this Site. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of UPPER PARK CLOTHING, is strictly prohibited.