Terms of Use

 

Effective: November 22, 2020

This website located at isotericsapparel.com  (the “Site”) is owned and operated by Isoterics Ltd., DBA Isoterics Apparel (collectively “Isoterics”, “us”, or “we”).

These Terms of Use (“Terms”) describe the conditions under which you are authorized to use the Site, including to purchase any goods or merchandise listed on the Site and any mobile versions of the Site or mobile applications offering the same functionality as the Site that we may offer.

BY USING THE SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

Below is a brief summary of these Terms. The full text of the Terms follows the summary.

  • Your consent: By using the Site, you are agreeing to all of these Terms. You must be at least 13 to submit any registration or order for Merchandise on our Site or  16 if you are a resident of California. Children under those ages must be registered by a parent or legal guardian.
  • Voluntary Donation: We are committed to making a voluntary donation  (“Donation”) to multiple causes involved in the removal of beetle kill tree debris that is equal to 10% of our net profits.  We are not connected or registered to any specific charity and the Donation is a corporate policy and not a commercial co-venturer or similar cause marketing vehicle.
  • Additional policies: Our Site may have other policies in addition to these Terms. Our Privacy Policy describes the information we collect and how we use it and our Return and Shipping policies apply to our sales of Merchandise.
  • Third party Sites: Our Site may contain links to websites owned by third parties, and we are not responsible for them.
  • Modifications and interruptions:  We may occasionally have outages in our Sites or we may modify or suspend the Sites at any time.
  • Ownership and license: We own the Site and all rights in the Site, but we grant you limited rights to use the Site. If you provide us any feedback about the Site, we own that feedback. You may only use the Site as described in these Terms.
  • Copyright infringement: If you believe your content is on our Site  or on any Merchandise without your permission, please notify us at ______@isotericsapparel.com.
  • Restricted activities: When you use our Site, you are not allowed to do certain things as listed in Restricted activities section, below.
  • Disclaimers and Limitation of Liability: We don’t provide any warranties for the Site and your use of the Site is at your own risk. The Site is offered “as-is”.
  • Law and disputes: These Terms are governed by laws of Colorado and the U.S. Any disputes will only be heard in a court in Denver, Colorado.
  • Indemnification: If we get sued or face liability because of something you have done, you will take care of the matter and pay the damages.
  • Statute of Limitations: You may not bring claims against us regarding the Site more than 1 year after the claim arose.

Your Consent  Representations

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SITE, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SITE. Some of our Sites may not allow you to register and use the Site unless you are 18 years of age or older (or the applicable age of majority in your jurisdiction). Users who are under 13 or 16 years of age, as applicable, will not be permitted to create or use an account without the verifiable consent of a parent or guardian (please see our Privacy Policy for more information). You may not use our Site if you do not meet the applicable age or parental consent requirements. If you do not agree to any of these terms, please do not use the Website.

Donations

100% of the purchase price for all Merchandise constitutes the regular retail price of such Merchandise and does not include any mark-up or allocation for any particular cause or charity. Rather, we voluntarily donate 10% of our net profits (i.e., the money we make after paying for the cost of producing, marketing, and distributing the Merchandise and operating the Site and our business) to various causes or projects engaged in mitigation and clean-up projects of beetle kill trees in the Rocky Mountain West region.  In the rare event that we directly solicit or process specific online donations, we will clearly communicate such status and complete all required State registrations.

Additional policies and terms

Our Privacy Policy describes the personal information we collect when you and others use the Site. It also describes how we use the personal information you share with us, and some of the steps we take to protect your privacy. Our Privacy Policy is incorporated into these Terms through this reference. By agreeing to these Terms, you are also consenting to the collection, use, and disclosure of your information in accordance with our Privacy Policy. Please review our Privacy Policy before using the Site. Some words in these Terms may use the definition provided in the Privacy Policy.

Merchandise Purchases and Refunds

The Site may enable you to purchase and receive products and Sites either directly from us or from third parties that are not owned or operated by us.  If a purchase is made directly from us, we will ship the product using your selected shipping method within ten (10) business days from the date of purchase. We may also facilitate sales by third parties of products or merchandise on our Website. In this case, the purchase, payment, warranty, guarantee or fulfillment of such merchandise and all other issues regarding such merchandise is between you and the third-party. We are not responsible for any third-party merchandise.

Third-party Sites and content

We may integrate with various Sites provided by third parties. Your use of any features and other content and Sites provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or Site, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than Isoterics will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or Site provided by any third party or use of your information by those third parties.

Modifications and interruption to the Site

We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that operation of our Site will be error free.

Purchases

You must provide complete and accurate contact and payment information, and select a password, to make a purchase. We may, with or without notice suspend, limit your access to, or terminate your ability to use the Site or make a purchase for any reason, including, but not limited to repeated infringement of the intellectual property rights of Isoterics or third parties, by any available means, including blocking your IP address.

Ownership of Designs and Content

Our Site, including all of the software and code comprising or used to operate the Site, is protected under applicable intellectual property and other proprietary laws. All designs, logos, and layouts used in our Merchandise (“Designs”) and intellectual property rights therein are either our exclusive property or  are the property of third parties who have licensed their rights to us.

The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Site or included on any Merchandise.  Except as otherwise provided herein, no element of the Site (“Content”) or Designs may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

As between you and us, we and our licensors own and reserve the copyrights in the Site, Merchandise, and all Content. All trade names, trademarks and service marks displayed on the Site are the registered or unregistered trademarks of Isoterics, our licensors, or other third parties (collectively, the “Trademarks“) and are protected by U.S. and international trademark laws and treaties.

License and Limitations

We hereby grant you a limited license to access and use the Site and to purchase and use Merchandise but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms, unless you first obtain our written permission. You may not link to the Site, frame the Site, load any interstitial pages or pop-ups, or charge for access to any portion of the Site without our express written consent. When the link is clicked, the applicable page within our Site must be displayed in full. You may not copy portions of the Site to a server, except as part of an Internet Site provider’s incidental caching of pages.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Site (collectively, “Feedback“). By submitting Feedback, however, please note that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not make a claim that Feedback constitutes your confidential information, that any limits apply to Isoterics’s right to use the Feedback, or that you are entitled to compensation or recognition for Isoterics’s use of Feedback.

Notification of claimed copyright infringement

In the event that you find Content posted on our Site (including any Designs) that you believe to be an infringement of a copyright interest that you own, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):

  • your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  • a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  • if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
  • a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
  • your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  • a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to us:

By Mail addressed to:

Copyright Agent

Attn: Copyright Agent

E-mail: customercare@isotericsapparel.com, subject line “DMCA Notice”

In accordance with the DMCA, it is our policy to terminate use of our Site or Designs by repeat infringers in appropriate circumstances.

Restricted activities

You may not engage in any of the following with regard to the Site (including without limitation posting or transmitting content through the Site), and you agree not to use the Site to:

  • violate or encourage the violation of any local, state, national, or international law or regulation;
  • collect or store personal data about other users of our Site or solicit personal information from any individual;
  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Isoterics in its sole discretion;
  • infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or Sites for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
  • disrupt or interfere with the security or use of the Site or any websites or content linked to them;
  • interfere with or damage the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of Site attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;
  • attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Isoterics or create or use a false identity;
  • attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
  • use any meta tags or any other “hidden text” utilizing the Isoterics name, trademarks, or product names;
  • attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
  • reproduce, make available, or otherwise use any portion of the Site for any commercial purpose;
  • engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
  • assist any third party in engaging in any activity prohibited by these Terms.

International restrictions

Accessing the Site or certain materials or Content on the Site may be prohibited in certain countries or by certain persons.  We make no representations or warranties that the Site is appropriate or available for use outside the USA. Further, you may only purchase Merchandise for delivery to an address located in the United States. You may only purchase products for personal use by either yourself or your intended recipient of the products. We may refuse any order that we have reasonable cause to believe is for onward sale other than through distribution channels approved by us or requires us to collect personal information from a person located in the European Union. If You choose to access this  Site from locations outside the United States, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Merchandise or transmission of any personal information into the United States.

Merchandise Specifications

Details of the Merchandise available for purchase are set out on the Website. All prices are displayed exclusive of all taxes. All features, content, specifications, products and prices of Merchandise described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time.  Colors of Merchandise may display differently on screens and actual Merchandise colors may vary.

Shipping Limitations

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to our Shipping Policy.

Return and Exchange Policy

Online orders are subject to our Refund and Returns Policy.

Fees

For all charges or deposits for any events, products and services ordered by you on or through the Website, we will bill your bank card or alternative payment method offered by the Site  and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Website. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, ISOTERICS, ITS RELATED ENTITIES, ITS SITE PROVIDERS, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ISOTERICS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SITES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ISOTERICS PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE ISOTERICS PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITE OR ANY CONTENT, PRODUCT OR SITE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY ISOTERICS PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE ISOTERICS PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. To the fullest extent permissible under applicable law, you expressly waive all rights you may have under Section 1532 of the California Civil Code (or similar code section in your jurisdiction), which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Choice of law, jurisdiction and venue

These Terms and the relationship between you and Isoterics shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Colorado, excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE OR THESE TERMS SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY AND COUNTY OF LOS ANGELES, CA, U.S.A. YOU AND ISOTERICS IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration under the rules of the American Arbitration Association.

Indemnification

You agree to indemnify and hold the Isoterics Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Site, or other use of our Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account.

Statute of limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms may change

We may add new features and functionality to the Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms. Accordingly, we reserve the right to update or modify these Terms at any time, without prior notice, by posting the revised version of these Terms on an accessible page of our Site. Your continued use of the Site after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms.

For your convenience, whenever these Terms are changed, we will strive to alert you by updating the “effective date” at the top of this page.

General

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers will only be effective if they are made be in writing by the party to be bound.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms shall remain in full force and effect.

These Terms, together with any client agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Isoterics with respect to the subject matter hereof.

These Terms may be amended only as set forth above.

Notice for California users

Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact us

If you have any questions or concerns regarding these Terms, please feel free to contact us using our web form or directly at: customercare@isotericsapparel.com