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TERMS, CONDITIONS, AND OTHER LEGAL MUMBO JUMBO:
Thank you for visiting the website for BadKarma Clothing Company, LLC ("BadKarma"). This website (www.badkarmanyc.com) is operated by BadKarma.
The street address for BadKarma is:
BadKarma Clothing Company
100 Springdale Road
Suite 410
Cherry Hill, NJ 08003
TERMS & CONDITIONS
Use of this site signifies compliance with all of the terms and conditions outlined below. "You" and "User(s)" refer to all users of this site who evidence their acceptance of these Terms and Conditions by their use of www.badkarmanyc.com (the "Web site" or "badkarmanyc.com"). "We", "our", and "BadKarma" as used herein refer to BadKarma, LLC, a limited liability corporation. We reserve the right to modify these Terms and Conditions at any time. Modifications will become effective immediately upon being posted on this Web site.
TRADEMARKS AND COPYRIGHTS
BadKarma owns and operates the Web site. All BadKarma names, trademarks and logos are the property of BadKarma, LLC and used under license by BadKarma.
All other trademarks, names and logos on the Web site are the property of their respective owners and have been licensed for use on the Web site. This includes, but is not limited to: American Express, Discover Card, Mastercard, VISA, and PayPal. All materials on this Web site which are owned by another entity have been made available for use on this Web site with the knowledge and consent of the respective intellectual property right owners. By accessing the information in the Web site, you agree to the terms herein with respect to laws that govern copyright and trademarks.
All content on the Web site is the property of BadKarma. This includes, but is not limited to: site design, graphics, images, articles, text and descriptions. No part of the Web site may be reproduced, published, copied, uploaded, transmitted or distributed without prior express written consent from BadKarma. Printing of pages for home use in ordering products is permitted, contingent upon all copyright and proprietary notices remaining intact. No User may use or manipulate any of BadKarma's trademarks found on this Web site.
Our Web site content, names and logos are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws.
USE OF WEB SITE
The Web site must be used solely for lawful purposes. The User shall not upload, or otherwise disseminate through the Web site any materials that are defamatory, inflammatory, libelous, discriminatory, obscene, indecent, profane, threatening, pornographic or otherwise violate a law or infringe on individual rights or freedoms.
The User agrees that all content, opinions, reviews, discussions and other information provided to the Web site become the property of BadKarma. This information can be used by BadKarma, edited, published, reproduced, modified, adapted, translated, distributed and sublicensed in any form, medium or technology.
We reserve the right to refuse orders, cancel orders, limit quantities or terminate relationships at our sole discretion.
SHIPPING
Products will be shipped as per our shipping policy. All products are shipped via a third party. The risk of loss passes to the consumer when the products are passed from BadKarma to the third party. By accepting delivery of a product, you acknowledge that the product has been received in acceptable condition. Products shipped to an address, other than the credit card billing address, may be delayed while fraud screening takes place. Orders that fail our screening process will be cancelled.
If items in your order are out of stock we'll notify you by e-mail. Most backorders ship within 2 weeks. We cannot ship to P.O. boxes.
Click here for our Shipping Info Page .
RETURNS AND EXCHANGES
We hope you love your BadKarma lifestyle apparel as much as we do. However, if something does not fit, or you want to exchange the item, let us know and we'll happily accept unworn, unwashed and non-defective merchandise. Please note the following:
-Once you receive your product, you have 30 days to return the item for a refund or exchange.
-You are responsible for the condition of a product until BadKarma receives it.
-You are responsible for shipping fees when returning products, unless you are returning the item because it was damaged during shipment or shipped in error.
-All refunds will be credited to the credit card used for your purchase.
-Items that have been laundered or altered in any way cannot be accepted for exchange or return.
-BadKarma is not responsible for any damage that may occur during shipment of the items you are returning.
How to Exchange
If you would like to exchange merchandise purchased from BadKarma for a different size or color please follow these instructions:
1. Package your item(s) securely in a box.
2. You must include the original invoice.
3. Please provide a brief reason for your exchange.
4. Mail to the following address:
BadKarma, LLC
100 Springdale Road
Suite 410
Cherry Hill, NJ 08003
How to Return
If you would like to return merchandise purchased from BadKarma, please follow these instructions:
1. Package your item(s) securely in a box.
2. You must include the original invoice.
3. Please provide a brief reason for your return.
4. Mail to the following address:
BadKarma
100 Springdale Road
Suite 410
Cherry Hill, NJ 08003
You are responsible for return postage. We urge you to use priority mail or a carrier that generates tracking numbers, as we will not be responsible for lost packages. Please allow 2-3 weeks for receipt and processing of your return. Once your credit is processed, a copy of the credit memo will be mailed to your billing address.
Click here for our Return Policy Page .
PRICING AND PAYMENT
Although we will try to provide advance notice, price information and product availability may change without prior notice. Although every effort is made to be accurate, errors may occur. Mistakes will be corrected as soon as possible. In the case where a customer order is affected by an error, said customer will be contacted as soon as possible. BadKarma reserves the right to correct pricing errors at any time.
Purchases can only be made by persons who can form legally binding contracts. If you are not 18 years old, you can make purchases via a parent or legal guardian. You are responsible for all purchases made on your account, unless your account or credit information was obtained fraudulently or unlawfully by someone not authorized to use your account. By using a credit card on our Web site you are certifying that you are the cardholder of the credit card or
authorized to use the credit card by the cardholder.
WARRANTIES AND GUARANTEES
BadKarma makes no guarantee of any kind regarding the merchandise or equipment available or provided on the Web site. BadKarma, its third party partners and suppliers on the Web site (collectively the Third Parties), their affiliates and related companies, its directors, officers, employers, consultants and agents do not make any representations or warranties of any kind, express or implied, regarding the Web site and/or any materials provided on Web site, all of which are provided on an "as is" and "as available" basis.
BadKarma, its third party partners and suppliers on the Web site, their affiliates and related companies, its directors, officers, employers, consultants and agents do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Web site, or any of the content or data found on Web site, and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
BadKarma and its third party partners and suppliers on the Web site, their affiliates and related companies, and their respective directors, officers, employees, consultants, representatives and agents are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
BadKarma and the Third Parties, their affiliates and related companies, and their respective directors, officers, employees, consultants, representatives and agents assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Web site or your downloading of any materials, data, text, images, video or audio from the Web site or the transmission of confidential or sensitive information over the Internet.
In no event shall BadKarma or any of the Third Parties, their affiliates and related companies, their respective directors, officers, employees, consultants, representatives and agents be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Web site or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the Web site for purchases), or the performance or non-performance by BadKarma or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.
Notwithstanding the foregoing, any products you purchase through the Web site shall be subject to all terms and conditions relating to such purchase, including, without limitation, all terms and conditions posted on the Web site and all terms and conditions delivered to you (in any form or manner) in connection with such purchased products.
LINKS
BadKarma contains links to other web sites for your convenience. We do not endorse these Web sites nor do we make any representations about any other web site accessed through this Web site. It is up to you to take precautions that whatever web site you visit is free from viruses, worms, trojan horses or other items of a destructive nature. In no event shall BadKarma be liable to any party for any direct, indirect, special or other consequential damages on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your computer, laptop, et al, even in the event that we are advised of the possibility of such damages. These web sites are separate entities and we have no control over these web sites and will not be liable for such web sites or their content.
Third parties may link to this Web site only on terms and conditions approved by us. We may, in our sole discretion, withdraw a third party's right to link
at any time.
GOVERNING LAW AND ENTIRE AGREEMENT
All disputes resulting from the use of the Web site (excluding linked sites) shall be resolved according to the state laws of New Jersey and the federal laws of the United States of America. If any provision shall be deemed unlawful, void or unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. The Terms and Conditions and any other rules, policies or guidelines posted on the Web site constitute the entire agreement between BadKarma and you.
JURISDICTIONAL ISSUES
Without the express written consent of BadKarma or the owner of any trademarks contained herein, Users may not frame or otherwise incorporate into a third party web site, any of the context provided herein. This Web site is controlled and operated by BadKarma with the approval of copyright and trade-mark owners. We make no representation that the materials in the Web site are appropriate or available for use in other jurisdictions.
MODIFICATION AND TERMINATION
We reserve the right to modify any aspect of this Web site at any time without prior notification. Use of the Web site is contingent on the Terms and Conditions in place at the time of use. We may terminate this Agreement and the use of the Web site at any time.
If you are dissatisfied with the Web site or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Web site. In such event, you agree to destroy all materials obtained by you on the Web site. The Terms and Conditions shall survive any such termination.
INDEMNIFICATION
In addition and to the maximum extent permitted by applicable law, you shall indemnify and hold harmless BadKarma and the Third Parties, their affiliates and related companies and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Web site, the placement or transmission of any information or other materials on the Web site made by you or others using your account, or your breach of any provision of the Terms and Conditions. You agree to promptly notify BadKarma immediately after you become aware of any unauthorized use of your account and to take reasonable steps as are necessary to prevent any reoccurrence of such event. BadKarma reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
OUR PRIVACY COMMITMENT
At BadKarma, we are committed to protecting your privacy and to developing technology that gives you the most powerful and secure online experience. We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you are asked to register before entering a contest, ordering e-mail newsletters, or when purchasing BadKarma products. Personal information collected by BadKarma is often limited to e-mail name, address, and country, but may include other information when needed to provide a service you requested.
OUR SECURITY COMMITMENT
We are committed to protecting the security of your information. Your password, credit card information and personal information are always secure with us. When you send personal information or use a credit card to make a purchase at BadKarma, we use Secure Socket Layering (SSL) to encrypt your personal information, including your credit card number, before it travels over the Internet.
SSL technology is the industry standard for secure online transactions. Making a credit card purchase online at BadKarma is just as safe as making a credit card purchase over the telephone. Do not, however, send credit card information by email. Despite our best efforts, no data transmission over the Internet can be guaranteed to be 100 percent secure. Accordingly, while we strive to protect your personal information, we cannot warrant the security of the information you transmit to us, and you do so at your own risk. Once BadKarma receives your transmission, we make commercially reasonable efforts to ensure its security on our systems.
For each visitor to our Web page, our Web server automatically recognizes the visitor's domain name and e-mail address (where possible). We collect the domain name and aggregate information on what pages of our site are accessed, as well as the e-mail addresses of those who purchase from us on-line and communicate with us via e-mail. We use this information for internal marketing purposes only.
If you have opted to receive e-mail from us about special promotions, events and new products in the future, you should be receiving periodic messages from us with this information. If you wish to be removed from this list, please go to the Contact Us page and click on the appropriate link.
Persons who supply us with their telephone numbers on-line may receive telephone contact from us with information regarding orders they have placed on-line. Please provide us with your correct phone number. This number will be used for order confirmations only and will not be used for telemarketing nor will it ever be shared with other organizations.
DISCLAIMER
The contents of www.badkarmanyc.com are the exclusive property of BadKarma Clothing Company, LLC. Consequently, users are not authorized to use these contents for purposes not specifically indicated by the site. In the event of violation, BadKarma may reserve the right to take action against the violator.
There is no charge for browsing the BadKarma site, access is free and registration is discretionary. We apologize in advance for any inaccuracies and we would ask users to contact us at regarding any inaccuracies.
By registering, the user agrees and concurs, moreover, that BadKarma is in no way responsible, directly or indirectly, for any damages of any nature or type suffered by the user or by third parties during browsing and consultation of the BadKarma site, and in relation to any ensuing initiatives in which the user may decide to participate. We remind all users that they are liable for the truth and completeness of information they transmit to the BadKarma site. This information will be given independently by users when they register and are sent strictly personal email account and password. Equally, at the time of issue, the user has explicitly authorized addressees of this information to handle these data, in compliance with current legislation. BadKarma declines any responsibility for the contents of these sites and is in no way liable for any damages of any nature or type suffered by the user or by third parties deriving from their use or from what they offer. The user may unsubscribe at any time by following the instructions given on the site. For further information please contact BadKarma at:
service@badkarmanyc.com .
PARENTAL REVIEW
We respect the privacy of children, and do not collect any more personal information than reasonably necessary to enable them to participate in the activities we offer at our Web site. Parents can review the information that we have collected from their children online, prevent the further use or maintenance of such information, or direct the deletion of their children's personal information by emailing us at the following address:
service@badkarmanyc.com .
With respect to our online information collection practices from children under 13 years of age:
-We do not collect personally identifiable information.
-Please note that parents may consent to the above collection and use without necessarily consenting to the disclosure of personal information to third parties.
With respect to the collection by other organizations of personal information from children at our site, our policy is:
-We do not have any agreements with outside organizations to collect personal information at our site.
The information we collect from children is used:
-For record keeping for marketing to enable them to participate in a chat room or bulletin board.
-To respond to children's specific requests to participate in activities such as:
Contests or sweepstakes subscription to an online newsletter voting in polls or otherwise expressing an opinion.
To tailor/customize the visitors experience at our site.
-With respect to sharing information: we do not share children's personal information with anyone other than those who provide support for the internal
operations of the Web site and our agents (e.g., contractors who provide fulfillment services or technical support to the Web site).
THIRD PARTIES
If you gain access to BadKarma through another web site or portal, any information you shared with that web site or portal prior to visiting BadKarma is not controlled by BadKarma. We will track and review statistics on the traffic directed to BadKarma by other web sites or portals. Your personal information will not be shared with these third party organizations.
FRAUD PREVENTION
We reserve the right if required by law to cooperate with law enforcement and other officials in the investigation requiring personal or account information. We may also report to other organizations improper or unlawful user activities on BadKarma and this reporting may include disclosure of personal information related to those individuals conducting such activities.
UPDATING INFORMATION
If you are a BadKarma member, you can update your personal profile and contact information at any time in the member login section of BadKarma.
YOUR CONSENT
By using BadKarma, you are consenting to the collection and use of personal and account information by us, for the purposes set out in this policy.
QUESTIONS OR COMMENTS
Please direct any questions or comments regarding our Privacy and Security policy to:
service@badkarmanyc.com
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