Last Updated: January 1, 2023
Carmar® Jean Shorts, Jeans, Shorts, Boyfriend Jeans (“Carmar,” “we,” “us,” or “our“) provides this website carmar.shop (the “Site“) and related services subject to your compliance with the following Terms and Conditions of Use (the “Terms“), as well as any other written agreement between us and you. By accessing and using our Site and services, you agree to become bound by these Terms. If you do not agree with these Terms, please do not use our Site or services.
1. Use of Site
Eligibility. You must be at least 18 years of age to access or use our Site in any manner. By accessing or using our Site, you represent and warrant that you meet this minimum age requirement. If you do not meet this requirement, you must not access or use our Site.
Compliance with Laws. You must comply with all applicable laws and regulations when accessing or using our Site. You may not use our Site for any unlawful purpose. We reserve the right to refuse service to anyone for any reason at any time.
Access and Use. Subject to your compliance with these Terms, Carmar grants you a non-exclusive, limited, non-transferable, freely revocable license to access and use our Site solely for your own personal use.
Restrictions. You agree not to:
- Modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of our Site.
- Use our Site for any fraudulent or unlawful purpose.
- Impersonate another person, misrepresent your affiliation with a person or entity, or use a false identity.
- Interfere with or disrupt our Site, networks, or security features.
- Attempt to gain unauthorized access to user accounts or protected areas of our Site.
- Use any data mining, robots, or similar data gathering methods on our Site.
- Sell, resell, license, sublicense, distribute or make our Site available to any third party.
Availability. Our Site may become unavailable due to maintenance or malfunction. We may suspend or restrict access to all or part of our Site with or without notice.
2. Intellectual Property Rights
Site Content. All content included on our Site is the property of Carmar or used with permission from the copyright owner. The content is protected by U.S. and international copyright and trademark laws. You may view, download, and print content from our Site subject to the following:
- The content is used only for personal, educational, and non-commercial purposes.
- Copyright or other proprietary notices or restrictions are not removed.
Trademarks. Carmar® and our other marks referenced on our Site are trademarks or registered trademarks of Carmar in the United States. Any third-party trademarks appear for identification purposes only.
No Permission. These Terms do not grant you any license, consent, permission, or authority to use our trademarks, service marks, logos, domain names, or other distinctive brand features.
Feedback. If you provide any feedback, ideas, or suggestions to Carmar regarding our Site (“Feedback”), you assign to us all rights in the Feedback and agree the Feedback is non-confidential. We may use Feedback without payment or attribution to you.
3. User Content
Posting Content. Certain areas of our Site allow you to post reviews, comments, photos, videos, and other content (“User Content”). You retain all ownership rights in your User Content. However, by posting any User Content, you grant us an irrevocable, perpetual, non-exclusive, transferable, royalty-free worldwide license to use, store, copy, publish, distribute, prepare derivative works, display, and perform your User Content in any media formats through any media channels.
Responsibility for Content. You are solely responsible for the User Content you post and for compliance with applicable laws. You agree not to post any of the following prohibited content:
- Content that infringes a third party’s intellectual property or proprietary rights.
- Offensive, abusive, defamatory, inaccurate, or objectionable content.
- Content that promotes unlawful activities.
- Sexually explicit content.
- Content with personal information or that identifies any individual.
- Content that poses or creates security risks to any person or property.
While we are not obligated to screen or monitor User Content, we reserve the right to edit, refuse to post, or remove any User Content at any time in our sole discretion for any reason.
4. Purchases and Payments
Order Acceptance. Placing an order for a product constitutes your lawful offer to purchase such product, which we may accept or decline. All orders are subject to product availability and we may reject orders even after your receipt of an order confirmation.
Pricing. All prices posted on our Site are subject to change without notice. Price increases will not affect orders already accepted with an order confirmation. Posted prices do not include taxes, shipping, or other charges that will be presented at checkout.
Payments. All payments are processed by authorized third parties according to their terms and privacy policies. We have no control over or responsibility for payments between you and third parties.
Shipping. We will arrange for shipment of available products to you based on shipping and delivery information provided during checkout. We cannot guarantee delivery times and are not responsible for shipping delays. Please review shipping information at checkout for additional details.
Returns. For information about returning products, please review our Returns Policy posted on our Site.
Disputes. We are not liable for any damages arising out of products ordered from our Site or your other interactions with third parties through our Site. If there is a dispute between participants on our site, or between users and any third party, you agree that Carmar is not liable for any claims or damages arising out of such a dispute.
5. Warranty Disclaimers
Site Content. Content on our Site is provided for general informational purposes only. Advice or suggestions from our Site should not be relied upon in place of professional or medical advice. We are not liable for any action you may take as a result of relying on such information.
Products. Products purchased through our Site may be subject to a manufacturer’s warranty. Please review product information carefully to understand the warranty coverage. Outside of any stated warranty, we are not responsible for replacement or compensation.
No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARMAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO OUR SITE, PRODUCTS, AND SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COURSE OF DEALING, OR USAGE OF TRADE.
6. Limitations on Liability
UNDER NO CIRCUMSTANCES SHALL CARMAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SITE, PRODUCTS, OR SERVICES, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL OUR LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO CARMAR OVER THE PRECEDING YEAR.
7. Indemnification
You will defend, indemnify, and hold harmless Carmar, our affiliates, vendors, and licensors, as well as the officers, directors, employees, representatives, agents, and contractors of each (collectively, the “Carmar Parties”) from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of: (a) your breach or violation of any provision of these Terms; (b) Carmar’s use of your User Content; or (c) your misuse of our Site or violation of applicable law. Carmar may control the defense and settlement of any third party claims subject to indemnification by you.
8. Termination
Either you or Carmar may terminate this agreement at any time. Upon termination, your right to access and use our Site ceases immediately. You will remain liable for any obligations arising from your use of our Site prior to termination as well as any damages arising from any breach of these Terms.
9. Dispute Resolution
Informal Negotiation. You and Carmar agree to first attempt to informally negotiate any dispute, claim, or controversy arising out of or relating to these Terms for at least 30 days. Please notify us by email at [email protected] to initiate informal dispute negotiation.
Binding Arbitration. If informal dispute negotiation fails, you agree the dispute will be resolved exclusively by final and binding arbitration under the rules of JAMS arbitration center, with arbitration held in San Francisco, California. Any court having jurisdiction over the arbitration may enter judgment upon the award rendered by the arbitrator.
No Class Action. You may only resolve disputes with Carmar on an individual basis and may not bring a claim as a plaintiff or a class member in a class action, consolidated action, or representative action.
Mandatory Pre-Arbitration Steps. Before initiating arbitration, you must comply with all previous steps of the dispute resolution process, including informal negotiation and filing an interagency notice under the BBB EU Self-Regulation Code if your dispute alleges our non-compliance with the Code. Failure to comply with all previous steps will bar initiation of arbitration.
Small Claims Court. As an alternative to arbitration, either you or Carmar may bring a claim in small claims court for disputes or claims within the small claims court’s jurisdiction.
10. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. Any dispute not subject to arbitration will be litigated in the state or federal courts located in San Francisco County, California.
11. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, the remaining provisions will remain in effect.
12. Modifications
We reserve the right to modify these Terms occasionally. The most current version will be available on our Site. We will indicate at the top when Terms were last updated. Your continued use of our Site constitutes acceptance of any modifications. We encourage you to review the Terms periodically.
13. Contact Information
Please direct any questions regarding these Terms to our Legal Department at [email protected] or Carmar Legal Dept, 123 Main St, San Francisco, CA 94105. Our phone number is 1-800-555-2368.
14. Entire Agreement
These Terms constitute the entire agreement between you and Carmar related to their subject matter and supersede any prior agreements.
