Terms of Use
Below you will find a copy of our most up-to-date Terms of Use
Effective as of October 11, 2017. Last Updated May 6, 2020
Welcome to www.blackbuckapparel.com (hereinafter the “Website”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE.
General Terms and Conditions of Use of the Website
These Terms of Use (“Terms of Use” or “Agreement”) govern the use of www.blackbuckapparel.com and any affiliated domains that redirect or link to this Agreement (collectively, the “Website”) by all visitors to the Website. Ad such, these Terms of Use constitute a binding agreement between you, as a user of the site (“you” or “user”), and Black Buck Apparel, LLC and its affiliates, the operator of the site (collectively referred to as “us,” “we,” or “our”). By using the Website, you agree at all times during your use to abide by these Terms of Use and any additions or amendments. Therefore, we ask that you please read these Terms of Use carefully prior to enjoying the Website. Please know that these Terms of Use do not create a confidential relationship between you and us.
We reserve the right, at our sole discretion, to modify these Terms of Use from time to time, in which case we will post a revised Terms of Use on this Website. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services.
Age Requirement; Authority. In order to use this Website, you must be at least the age of majority in the jurisdiction in which agree to be bound by, this Agreement and (ii) you are at least of such age of majority. If you do not reside. You represent that (i) you have read and understood, and that you agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to accept this Website.
All rights, title and interests with respect to the Website, including without limitation, the information, product, materials, software and services contained therein or otherwise provided thereby (collectively, the “Information”) and all trademarks, trade names, logos, service marks, page headers, scripts and button icons (collectively “Intellectual Property”) are the property of and owned by Black Buck Apparel, LLC and are protected by copyright, trademark and other laws. Except as expressly provided herein, no right, title or interest in the Website, information or Intellectual Property is transferred to you. Except for your personal and non-commercial use as authorized below, nothing contained in these Terms of Use or on the Website should be constructed as granting, by implication, estoppel, or otherwise, any license or right to copy, imitate, or use, in whole or in part, the Intellectual Property or Information, without the express written permission of Black Buck Apparel, LLC. Unauthorized copying or use of any Intellectual Property or Information is strictly prohibited. Black Buck Apparel, LLC may amend the Website and/or the Information at any time without prior notice to you as well as deny or limit access to the Website and/or the Information, including without limitation if Black Buck Apparel, LLC learns of or suspects your breach of these Terms of Use.
We grant you a limited, non-exclusive, non-transferable, non-commercial license to access an use this Website and the Information for personal use only that is lawful and in accordance with the Terms of Use. All other use is prohibited, including disclosure, copying, distribution and lining (including framing and deep linking). All rights not expressly granted in these Terms of Use are reserved and retained by Black Buck Apparel, LLC.
By accessing and using the Website, you agree to use the Website, Information, and features associated therewith in accordance with these Terms of Use and all applicable laws, rules and regulations, and further agree that you will not:
- Use the information for any reason other than personal and non-commercial use without Black Buck Apparel, LLC’s express written consent. This includes copying, downloading, editing, photographing, storing, transmitting, reproducing, distributing, creating derivative works from or publishing the Information or Intellectual Property for commercial, public or other unauthorized use; or otherwise attempting to redistribute, reuse or modify the Information for any purpose without the express written permission of Black Buck Apparel, LLC.
- Launch, transmit, distribute, promote, or otherwise make available material of any kind that contains , without limitation, viruses or any other computer code or file or program designed to interrupt to destroy or limit the functionality of any computer software or hardware or other equipment associated with the Website, a Trojan horse, time bombs, “spiders,” worms, spyware, bots, “offline readers,” any automated use of the system, such as scripts, or other harmful component; or interferes with, limits or disrupts the Website, the functionality thereof, or servers or networks connected to the Website; or disobeys any requirements, procedures, policies or regulations of networks connected to the Website.
- Commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or entity.
- Rent, lease, loan, or sell access to the Website to any third party.
- Engage in any reverse engineering, or otherwise attempt to gain unauthorized access to Black Buck Apparel, LLC’s computer networks or servers, the Website, or any Information, content, or data associated therewith.
Black Buck Apparel, LLC makes no representation that materials contained on the Website or products described or offered on the Website are appropriate or available for use in jurisdictions outside the United States, or that this Website Terms of Use complies with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Website from any territory where its contents are illegal, and that you, and Black Buck Apparel, LLC and its Affiliated Parties, are responsible for compliance with applicable local laws.
The Website Terms of Use is effective unless and until terminated by either you or Black Buck Apparel, LLC. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website. Black Buck Apparel, LLC also may terminate or suspend this Website Terms of Use, at any time, without notice, and accordingly deny you across to the Website, for any reason, including without limitation, if in Black Buck Apparel, LLC’s sole discretion you fail to comply with any term or provision of this Website Terms of Use or your use is harmful to the interests of another user or Black Buck Apparel, LLC and its Affiliated Parties.
We try to ensure that the information posted in this Website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on this Website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the Information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website.
Our products are sold exclusively through our Website. The e-commerce section of our Website for the United States is for the entire United States. Prices stated for the United States on this Website are U.S. mainland prices only. Any purchase from other boutiques or Web sites is made entirely at the risk of the purchaser, particularly with regard to the authenticity of such items.
If you submit comments, suggestions, ideas, notes, concepts, or other information through the Website, you automatically assign to us all rights, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of Black Buck Apparel, LLC, and you agree that Black Buck Apparel, LLC is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Website. We will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that Black Buck Apparel, LLC has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that Black Buck Apparel, LLC is only willing to accept your Feedback on these terms.
You expressly agree that if you create an account, provide us with your personal information, or otherwise opt-in on the Website to receive commercial emails from us, you will receive communications by email, including promotional communications from time to time. You may stop receiving promotional alerts via email by sending an e-mail to support@blackbuckapparel.com. You may not opt out of service-related emails.
Use of the Website is subject to the terms of our Privacy Policy, incorporated herein. Please carefully review our Privacy Policy. Black Buck Apparel, LLC reserves the right, and you authorize Black Buck Apparel, LLC, to use information regarding your use of the Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
Links on the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that Black Buck Apparel, LLC and their officers, directors, employees, agents, licensors and content providers (collectively “Black Buck Apparel, LLC and its Affiliated Parties”) will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Website, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Black Buck Apparel, LLC expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Black Buck Apparel, LLC and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Website.
Black Buck Apparel, LLC makes reasonable efforts to ensure that the Information on the Website is accurate and up-to-date. However, electronic communication is not secure and may be intercepted by others, software or spam filters; manipulated; infected with malicious code including viruses; not arrive at its destination or be delayed. BLACK BUCK APPAREL, LLC AND ITS AFFILIATED PARTIES DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OPERABILITY OR ACCURACY OF THE WEBSITE OR THE INFORMATION. BLACK BUCK APPAREL, LLC AND ITS AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE INFORMATION WILL BE ACCURATE, SECURE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE SERVERS OR ELECTRONIC COMMUNICATION THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE INFORMATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
USE OF THE WEBSITE AND THE INFORMATION IS AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND BLACK BUCK APPAREL, LLC AND ITS AFFILIATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so the foregoing may not apply to You.
BLACK BUCK APPAREL, LLC AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLACK BUCK APPAREL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THE INFORMATION. BLACK BUCK APPAREL, LLC AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COSTS INCURRED OR DAMAGE SUSTAINED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE WEBSITE, INFORMATION OR ELECTRONIC COMMUNICATION, INCLUDING IF THE WEBSITE, THE INFORMATION OR ELECTRONIC COMMUNICATION (I) IS UNUSABLE OR CAN ONLY BE USED IN PART OR WITH LIMITATIONS, (II) LACKS ACCURACY, RELEVANCE OR CURRENCY OR CONTAINS TYPING ERRORS, (III) IS INTERCEPTED, MANIPULATED, INFECTED, OR DOES NOT ARRIVE AT ITS DESTINATION, (IV) IS DELAYED, (V) CAUSES LOSS OF DATA OR (VI) HARMS COMPUTER SYSTEMS. ALL EXCLUSIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL GROUND ON WHICH LIABILITY IS BASED (WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Black Buck Apparel, LLC and its Affiliated Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and court costs) resulting from your violation of these Terms or your use of the Website, including, without limitation, any use of the Information other than as expressly authorized in these Terms.
You are required to establish an account and/or to register on the Website in order to take advantage of certain features of the Website. If you provide information on the Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Website has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Website has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.
You will create a username and password while completing the account and/or profile registration process. 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 Black Buck Apparel, LLC reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify Black Buck 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. You agree to be responsible for all actions resulting from the use of your account on the Website, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Black Buck Apparel, LLC. Black Buck Apparel, LLC and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
The provisions in these Terms are made for the benefit of Black Buck Apparel, LLC and its past, present and future group companies, shareholders in Black Buck Apparel, LLC and their respective holding companies, persons having worked for, working for and going to work Black Buck Apparel, LLC or any of its group companies (such as partners, advisors, employees, trainees, temps and free-lancers and including third party suppliers and subcontractors).
No waiver of these Terms by Black Buck Apparel, LLC shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Black Buck Apparel, LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms of Use, our Privacy Policy, the Sales Terms, the Order placed by you, and the acceptance of the Order by Black Buck Apparel, LLC, constitute the sole and entire agreement between you and Black Buck Apparel, LLC with respect to the use of the Website and the placing and carrying out of an Order, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Order.
If you have questions or comments about these Terms of Use or the Website, please email us via the contact information below:
Black Buck Apparel, LLC
Find our Privacy Policy here.
Find our Terms of Sale here.