Your use of our website means that you accept and agree to these Terms of Use. If you do not agree to these Terms or our Privacy Policy, do not use or access the website.
This web page represents a legal document and constitutes the Terms and Conditions (Agreement) for our website www.ntyceclothingexchange.com. By using our website, you agree to fully comply with and be bound by this Agreement each time you use it. Please review the following terms carefully.
Definitions
The terms “us,” “we,” and “our” refer to NTYCE, the owner of this website. A “Visitor” is someone who merely browses our website. A “Member” is someone who has registered with our website to use our services. The term “User” refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away. All text, information, graphics, design, and data offered through our website or services, whether produced by our Members or by us, are collectively known as our “Content.” Content posted by our Members is referred to as “Member Content.”
Acceptance of Agreement
This Agreement is between you and NTYCE. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS CAREFULLY. USING, ACCESSING, OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS. If you do not agree to be bound by each term, exit the website immediately.
This Agreement is the entire and only agreement between you and NTYCE and supersedes all others. You may also be required to agree to additional terms when using certain features, which will be incorporated into this Agreement.
Privacy Policy
Our Privacy Policy is part of this Agreement and available on this website. You must review it. If you do not agree to it, do not use this website or our services. View our Privacy Policy at www.childrensorchard.com.
Arbitration
Any legal controversy or claim arising from this Agreement or our services will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Arbitration will occur in Minnetonka, MN, and each party will bear half the arbitration fees and costs. Either party may seek interim relief from a court of competent jurisdiction in Minnetonka, MN.
Choice of Law and Jurisdiction
This Agreement will be governed by the laws of the State of Minnesota. You agree to submit to the personal jurisdiction of courts located in Minnetonka, MN. Any cause of action must be filed within one (1) year or be forever barred.
Limited License
NTYCE grants you a nonexclusive, nontransferable, revocable license to use our website and services for personal, noncommercial purposes. No electronic or printed version of our website may be used in any litigation or arbitration matter.
Legal Compliance
You agree to comply with all applicable laws when using our website or services. This Agreement creates no partnership, agency, or employee relationship between you and NTYCE.
Our Intellectual Property
All trademarks, logos, and content on our website are the property of NTYCE or its affiliates. Copying, redistribution, or use of our content without written permission is prohibited.
Eligibility and Registration for Membership
Our services are intended for users aged 18 or older. Registration by minors is unauthorized. You agree to maintain password confidentiality and notify us of any unauthorized use. NTYCE is not responsible for losses due to password misuse.
Errors, Corrections, and Changes
We do not warrant our website to be error-free or virus-free. NTYCE reserves the right to change any content, software, or functionality at any time without notice.
Disclaimer
NTYCE is not responsible for third-party content or actions. Use of products or services from third-party merchants is at your sole risk. Nothing on our website constitutes financial or legal advice.
Warranty Disclaimer
Our website and services are provided “AS IS” and “AS AVAILABLE.” All warranties are disclaimed, including implied warranties of merchantability or fitness. NTYCE and its affiliates are not liable for damages, data loss, or any indirect, special, or consequential damages.
Limitation of Liability
In no event will NTYCE, its directors, employees, or agents be liable for any indirect or consequential damages. NTYCE’s total liability is limited to the amount paid by you for services during the prior month.
Member Conduct
Members are responsible for the content they post. NTYCE may remove or restrict content at its discretion. Members agree not to upload or transmit material that is illegal, harmful, or infringes intellectual property rights.
- Violates any law or regulation
- Infringes on any copyright, patent, or trademark
- Is harassing, defamatory, obscene, or promotes illegal activity
- Contains private third-party information or viruses
- Contains spam or unauthorized advertising
Use of Information
By posting content, you grant NTYCE a license to use, display, reproduce, and distribute your submissions in connection with its business operations. You warrant that you have the rights to post such content.
Unlawful Activity
NTYCE reserves the right to investigate suspected violations and disclose user information to law enforcement as needed.
Linking to Our Website
You may link to our website if you do not frame it, your site is not illegal or pornographic, and you remove the link upon request.
Links to Other Websites
We may link to third-party sites but are not responsible for their content, policies, or practices. Access them at your own risk.
Payments
If purchasing from us, you agree that payment details provided are accurate and valid. You are responsible for all incurred charges, including any dishonored payments.
Refund and Return Policy
Refund requests must be made within 30 days of purchase and may be subject to restocking fees. Returned products must be in their original condition.
Termination of Membership
Your membership may be terminated by either party. Upon termination, you must cease use of our website and destroy any downloaded content. Provisions such as indemnity and limitation of liability survive termination.
Indemnification
You agree to indemnify and hold harmless NTYCE, its partners, and affiliates from any claims or expenses arising from your use of the website or violation of this Agreement.
Severability and Survival
If any part of this Agreement is deemed invalid, the remaining portions remain in effect. NTYCE’s failure to enforce a provision does not waive its right to enforce it later.
Changes to Our Terms and Conditions
We may change these Terms with 30 days’ notice via email or website posting. Continued use after notice constitutes acceptance. You may discontinue use if you disagree with any change.
Effective Date: September 24, 2024
Contact Information: Questions or comments should be sent by mail to 8433 Kingston Pike, Knoxville, TN 37919.