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Thank you for visiting www.armsofeve.com We have prepared these Terms of Use (the “Terms”) to ensure that you understand your rights and obligations and that your experience on our web site www.armsofeve.com, (the “Web Site”) is one you'll want to repeat again and again. Please review the following Terms that govern your use of the Web Site (the “Agreement”). Please note that your use constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Web Site. Although you may "bookmark" a particular portion of the Web Site and thereby bypass these Terms, your continued use of the Web Site indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since Arms Of Eve may revise these Terms at any time, you should visit this page periodically to review the Terms that govern your use of the Web Site. Should you have any questions concerning these Terms of any of our policies, please contact us.
LEGAL INFORMATION / USE OF THE WEBSITE
The Web Site is owned and operated by Arms Of Eve Inc whose USA mailing address is c/o Posse LA 1401 N Harper Avenue, West Hollywood CA 90046.
Unless otherwise noted, all content posted on the web site is:
Copyright © 2021 Arms Of Eve
All design and content featured on the Web Site, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Arms Of Eve Inc. and its affiliates.
Arms Of Eve Inc. is a registered trademark.
The Web Site in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Arms Of Eve Inc.
The contents of the Web Site and the Web Site as a whole are intended solely for your personal, noncommercial use. Any use of the Web Site and/or any of the content posted on the Web Site for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Arms Of Eve Inc. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Web Site for any commercial purpose. Arms Of Eve Inc. grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Web Site for your personal, noncommercial use only. All other rights are reserved to Arms Of Eve Inc.
You agree that you will not access or use the Web Site in any manner that could damage, disable, impair or cause undue burden on the Web Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Web Site, that you will not transmit any virus or worm to the Web Site, that you will not use any spider, robot or any other automated mechanism to access the Web Site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Web Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Web Site without authorization.
DISCLAIMER AND LIABILITY
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We exclude all implied Terms, liability and warranties whether statutory or otherwise, relating to the Website or the subject matters of these Terms and Conditions. You acknowledge that the Website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or any of its products for any purpose. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements. Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
PLACING AN ORDER
By completing an order form on the Website you are making a purchase of a product or products, and authorising us to recover through your credit card payment due to us. Any order placed on the Website by you is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order. If we accept your order we will email confirming the order and price of goods. We will communicate with you about your order using email and you agree to provide us with current, complete and accurate details including a valid email address.
ACCEPTANCE OR REJECTION OF AN ORDER
We reserve the right in our discretion to decline to accept any order and/or to supply products to any individual or company, including if the requested product is not available or there is an error in the price or product description posted on the Website or in your order. Each order that is accepted by us creates a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these Terms and Conditions. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.
STOCK AVAILABILITY
Arms of Eve attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown.
DELIVERY OF PRODUCTS
We deliver our products in accordance with our Shipping and Delivery Policy, which forms part of these Terms and Conditions. The Shipping and Delivery Policy can be viewed on the Website. By accepting these Terms and Conditions, you acknowledge and agree to the Terms of our Shipping and Delivery Policy.
ORDER CANCELLATIONS
You may cancel you order in full before the order is dispatched by us. We will refund you in full for the orders cancelled and will not charge you a cancellation fee. However, once the order is dispatched for delivery you are unable to cancel the order. We reserve the right to cancel your order if:
We will attempt to notify you before cancelling your order.
PAYMENT AND SECURITY
You must pay the fees and charges online using the online payment methods available on the Website. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you and cancel your order. You authorise us to debit the amount that is payable for an accepted order from your nominated credit card provider to pay for the fees and charges. You must not pay or attempt to pay for products through any fraudulent or unlawful means. We will provide you with a receipt at the time of delivery which specifies the total fees and charges for the products in the order and the out of stock products including the dollar value refunded to your card of purchase. Credit card information collected for the purpose of payment of products purchased at Arms Of Eve will be handled by Shopify Payments or Paypal. Shopify Payment and Paypal are committed to data security and use a variety of technologies and procedures to help protect personal information from unauthorized access, use or disclosure.
USER COMMENTS, FEEDBACK, POSTCARDS & OTHER SUBMISSIONS
Except for submission of Member Content as described below, all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to armsofeve.com on or by this Web Site or otherwise disclosed, submitted or offered in connection with your use of this Web Site (collectively, the "Comments") shall be and remain Arms Of Eve Inc. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Arms Of Eve Inc. of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Arms Of Eve Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Arms Of Eve Inc. is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Web Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
MOBILE MESSAGE SERVICE TERMS & CONDITIONS
The ARMS OF EVE mobile message service (the "Service") is operated by [insert full Company Name] (“ARMS OF EVE” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to ARMS OF EVE’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related [if you send promotional messages: and promotional ] messages, including [If you send transactional messages: updates, alerts, and information (e.g., order updates, account alerts, etc.) ] [If you send promotional messages: and promotions, specials, and other marketing offers] from and on behalf of ARMS OF EVE via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ARMS OF EVE . Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. [ [If sending in the US or Canada] Text the single keyword command STOP. [If sending using an alphanumeric sender ID in the UK or Australia] Click the unsubscribe link in any text message to cancel. ] You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other [Company Name] mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email customer support info@armsofeve.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
COPYRIGHT POLICY FOR THE WEB SITE
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Arms Of Eve Inc. to terminate the privileges of any user of the Web Site or member who infringes the copyright rights of others upon receipt of prompt notification to Arms Of Eve Inc. by the copyright owner or the copyright owner’s legal agent.
CONTENT / ACTIVITY PROHIBITED*
The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through the Web Site. Arms Of Eve Inc. reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Arms Of Eve Inc., violates this provision, including without limitation, removing the offending communication from the Web Site and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Arms Of Eve Inc:
• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• criticizes any business or individual;
• harasses or advocates harassment of another person or entity;
• exploits any person in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under the age of 13;
• promotes information that the member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from users of the Web Site;
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• includes a photograph of another person that you have posted without that person’s consent.
Certain activities as set forth below are prohibited on the Web Site. Arms Of Eve Inc. reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Arms Of Eve Inc., violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
• criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• any automated use of the system, such as using scripts to add friends or send comments or messages;
• interfering with, disrupting, or creating an undue burden on the Web Site or the networks or services connected to the Web Site;
• attempting to impersonate another user of the Web Site, another member, or any other person;
• using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring your profile, without permission from Arms Of Eve Inc.;
• using any information obtained from the Web Site in order to harass, abuse, or harm any person or entity; or
• displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through the Web Site on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
PRICING POLICY
At armsofeve.com, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. All pricing is in US dollars. While merchandise offered on-line at armsofeve.com will usually be priced the same as merchandise offered at our affiliate stores, in some cases, stores may have different prices or promotional events at different times.
COLOURS
We have done our best to display as accurately as possible the colors of the products shown on the Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
CORRECTION OF ERRORS & INACCURACIES
We endeavor to present the most recent, most accurate and most reliable information on the Web Site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please contact us.
TYPOGRAPHICAL ERRORS
In the event a armsofeve.com or Arms Of Eve Inc. catalog product is listed at an incorrect price due to typographical error or systems error, armsofeve.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. armsofeve.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
TERM & TERMINATION
Terms are applicable to you upon your accessing the Web Site and/or completing the registration or shopping process. These Terms, or any of them, may be terminated by Arms Of Eve Inc. without notice at any time for any reason. Provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.
NOTICE
Free People Direct may deliver notice to you by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in armsofeve.com account information.
ENFORCEMENT OF TERMS
By accessing and using the Web Site, you agree that your access to and use of the Web Site is subject to these Terms, as governed and interpreted pursuant to the laws of the United States of America, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania.
USE OF THE WEB SITE
Harassment in any manner or form on the Web Site, including via e-mail and/or chat, and any use of obscene or abusive language is strictly forbidden. Impersonation of others, including an Arms Of Eve Inc. or other licensed employee, host, or representative as well as other users or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or use the Web Site to solicit others to join or become members of any other commercial online service or organization.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE OF THE WEBSITE*
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
BINDING NATURE
Your use of the Web Site constitutes your acceptance of these Terms and your continued use confirms that acceptance.
NO WAIVER
Any failure of Arms Of Eve Inc. to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
HEADINGS
The section titles in these Terms are for convenience only and have no legal or contractual effect.
SERVERABILITY
If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable.
ENTIRE UNDERSTANDING
These Terms constitute the entire agreement between you and Arms Of Eve Inc. regarding the use of the Web Site.
