Terms and Conditions
TERMS & CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEB SITE.
All users of this site agree that access to and use of this site
is subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, do not use this site.
Additionally, certain pages of this site may contain
additional terms that govern particular features or offers (for example,
promotions or contests). In the event that any of the terms and conditions
contained herein conflict with such additional terms or other terms and
guidelines contained within any particular page of this site, then the terms
and conditions contained herein shall govern and control your access to the use
of this site.
MODIFICATION OF THESE TERMS OF USE
New Era Cap Company, Inc. ("New Era Cap") reserves
the right to change the terms, conditions and notices under which this site is
offered, including but not limited to the charges associated with the use of
this site, at any time and from time to time without specific notice to you.
The latest terms and conditions will be posted on this site and you are
responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, this site or any portion of this
site may not be reproduced, duplicated, copied, sold or otherwise exploited for
any commercial purpose not expressly permitted by New Era Cap. This site is for
your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products or services obtained from this site without express written permission
of New Era Cap.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this site, you warrant to New
Era Cap that you will not use this site for any purpose that is unlawful or
prohibited by these terms and conditions. You may not use this site in any
manner which could damage, disable, overburden, or impair this site or
interfere with any other party’s use and enjoyment of this site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through this site. Harassment in
any manner or form on this site or through this site is strictly forbidden.
Impersonation of others on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is
libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive or illegal, or which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law.
TYPOGRAPHICAL ERRORS
The information, products, and services included in or
available through this site may include inaccuracies or typographical errors.
If a product is listed at an incorrect price due to typographical error, New
Era Cap shall have the right to cancel or refuse any orders placed for such
product listed at the incorrect price, whether or not the order has been
confirmed or your credit card charged. If your credit card has been charged and
your order is cancelled, a credit will be issued to your credit card account in
the amount of the charged price. New Era Cap and/or its respective suppliers
may make improvements and/or changes to the information in this site at any
time.
LIABILITY DISCLAIMER
NEW ERA CAP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, ADEQUACY, USEFULNESS, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS SITE OR INFORMATION, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. NEW ERA
CAP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT
THIS SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THIS SITE AND ALL SUCH INFORMATION, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO APPLICABLE LAW, NEW ERA CAP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE AND SUCH
INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT
LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NEW ERA CAP AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THIS SITE, WITH ANY DELAY OR INABILITY TO USE THIS SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEW ERA CAP
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
USER RESPONSIBILITIES
You are responsible for paying the entire amount due on your
purchase, including any applicable taxes, shipping and other charges assessed
by the New Era Cap. With respect to applicable taxes, New Era Cap will advise
you of the exact amount of tax due, if any, on your purchase either at the time
of your purchase or subsequently if it is determined that such tax is due. New
Era Cap has no responsibility whatsoever for any miscalculation or omission by
New Era Cap of applicable taxes on any sale and you agree to pay such tax upon
notice from New Era Cap.
MINORS
You represent and warrant that you are at least 18 years of
age and that you possess the legal right to use the site in accordance with the
stated terms and conditions. You hereby agree to supervise usage by, and be
responsible for the actions of, any minors who use your computer and/or
registration account to access this site.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless New Era
Cap, its officers, directors, employees, agents, licensors and suppliers from
and against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of these terms and conditions or
any activity related to your use of this site (including negligent or wrongful
conduct) by you or any other person accessing this site using your computer or
Internet account.
LINKS TO THIRD PARTY SITES
This site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of this site and New
Era Cap is not responsible for the content of any Linked Site, including
without limitation, any link contained in a Linked Site, or any changes or
updates to a Linked Site. New Era Cap is not responsible for webcasting or any other form of transmission received from
any Linked Site. New Era Cap is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by New
Era Cap of the site or any association with its operators. Linked Sites have
separate privacy and data collection policies. New Era Cap has no
responsibility or liability for policies or actions on Linked Sites or for
privacy concerns or content of Linked Sites, and you access them at your own
risk.
TERMINATION/ACCESS RESTRICTION
New Era Cap reserves the right, in its sole discretion, to
terminate or refuse your access to this site and the related services or any
portion thereof, or to terminate your accounts and/or cancel orders at any
time, without notice, if New Era Cap believes that your conduct violates the
terms and conditions contained herein or applicable law or is harmful to the
interests of New Era Cap or its other customers. The provisions relating to
copyrights, trademarks, disclaimers, limitations of liability, and
indemnification shall survive termination.
MISCELLANEOUS
Your use of this site shall be governed in all respects by
the laws of the State of
Use of the site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and New Era
Cap as a result of this agreement or use of this site. New Era Cap’s
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of New Era Cap’s right
or duty to comply with governmental, court and law enforcement requests or
requirements relating to your use of this site or information provided to or
gathered by New Era Cap with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and New Era Cap with respect to
this site and it supercedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and New Era Cap with respect to this site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.