Terms and Conditions

Last Updated: 9 February 2024

Welcome to exeapparel.com! These terms and conditions ("Terms") governs your use of the online store, content, and products (collectively, the "Store" or “Site”) owned and operated by EXE Apparel, LLC (”EXE Apparel”, "we", "us", or "our"). These terms cover the website located at exeapparel.com and any of its subdomains. By accessing or using the Store, you agree to be bound by these Terms. The Site is provided as a service to our customers.

Acceptance of Terms

Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice.

The changed Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version.

Changes to Terms

We reserve the right to modify, amend, or replace these Terms at any time. Any changes will be effective immediately upon posting on our Site. Your continued use of the Site following the posting of changes to these Terms will constitute your acceptance of such changes.

Usage

You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is 18 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf.

Content

Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

Intellectual Property

All content included on our Store, including but not limited to text, graphics, logos, button icons, images, and designs, are the property of EXE Apparel, LLC or its content suppliers and is protected by copyright laws and international treaties.

You agree not to reproduce, modify, distribute, display, or create derivative works of any content or designs featured on our Store without prior written permission from EXE Apparel, LLC. This includes but is not limited to designs created by EXE Apparel, LLC or its affiliated artists.

Unauthorized use, reproduction, or distribution of our designs may constitute infringement of our intellectual property rights and will be subject to legal action.

Confirmation of Orders

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Most of the time, this may be related to the quantity of stock on hand not being accurately represented or if a shipping location is outside the United States. In these cases, we will make our best effort to email you with the email address you provided with the reason for cancellation.

Shipping

We partner with reputable third-party shipping carriers to fulfill orders placed through our Store. While we make every effort to ensure prompt delivery of Products, we do not directly control the shipping process and therefore cannot guarantee delivery times or dates.

Shipping times provided on our Store are estimates and may vary depending on factors beyond our control, including but not limited to carrier delays, inclement weather, customs delays, and unforeseen circumstances.

We are not liable for any delays, losses, or damages incurred during the shipping process. Any claims or disputes related to shipping should be addressed directly with the shipping carrier.

By placing an order through our Store, you acknowledge and accept that shipping times and delivery dates are not guaranteed, and we shall not be held responsible for any inconvenience or loss resulting from delayed or failed deliveries.

Privacy Statement

We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.

Feedback and Submissions

You acknowledge and agree that you will refrain from submitting to Us any information or ideas that are considered to be confidential or proprietary. By providing feedback or unsolicited ideas, suggestions, or other materials (collectively referred to as "Submissions") to us, you acknowledge that such Submissions are non-confidential, and you grant us and our successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sublicensable right and license to utilize and exploit the Submissions, including any associated ideas, concepts, know-how, or techniques, in any manner and for any purpose, whether commercial or otherwise. This includes the use of any form, media, or technology now known or later developed, without the obligation to provide compensation or attribution to you or any other individual, and without incurring any liability or obligation of confidence. Additionally, you automatically waive any moral rights you may have in the Submissions in favor of us and our successors, assigns, and licensees.

Governing Law

These Terms shall be construed in accordance with the laws of the State of Virginia, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Prohibited Uses of Site

Prohibited Activities

While using our online store, you agree not to engage in any of the following activities:

Violation of Laws: You must not violate any applicable local, state, national, or international laws or regulations.
Intellectual Property Infringement: You must not infringe upon the intellectual property rights of others, including but not limited to copyrights, trademarks, trade secrets, or patents.
Unauthorized Access: You must not attempt to gain unauthorized access to our systems or networks or to interfere with the security or integrity of our online store.
Misuse of Information: You must not collect or harvest any information from our online store, including user information, without our prior consent.
Malicious Software: You must not upload or transmit any viruses, worms, or other malicious software that could damage or interfere with our online store or the devices of other users.
Fraudulent Activities: You must not engage in any fraudulent activities, including but not limited to making unauthorized purchases, using stolen credit card information, or engaging in any form of identity theft.
Abuse of Services: You must not abuse or harass other users of our online store or engage in any conduct that is offensive, threatening, or harmful.
False Representation: You must not misrepresent yourself or impersonate any other person or entity while using our online store.
Resale Restrictions: You must not purchase Products from our online store for the purpose of resale without our prior authorization.
Violation of Terms: You must not violate any of the terms and conditions outlined in our Terms of Service or any other policies governing the use of our online store.

Violation of any of these prohibited activities may result in the termination of your access to our online store and may also result in legal action being taken against you.

Limitation of Liability

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” EXE APPAREL DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXE APPAREL DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. EXE APPAREL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 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 THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

EXE Apparel makes no warranties of any kind regarding any non-EXE Apparel sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and EXE Apparel makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-EXE Apparel sites. EXE Apparel does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL EXE APPAREL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF EXE APPAREL OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

With the exception of disclaimers and limitations related to warranties, the disclaimers and limitations of liability set forth shall not apply to use of the Site or products purchased through the Site from the State of Virginia