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Soft, LLC d/b/a Soft Clothing for All Children, LLC - Terms and Conditions of Use and Privacy Policy

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE.

INTRODUCTION

This website (the "Website") is owned and operated by Soft, LLC d/b/a Soft Clothing for All Children, LLC located at 109 Ingraham Street, #306, Brooklyn, NY 11237 ("we", "us" or "our", as appropriate). Your use of the Website shall be deemed to constitute your consent to be bound by these Terms and Conditions of Use and Privacy Policy (collectively, the "Terms and Conditions of Use"). If you are not willing to accept these Terms and Conditions of Use, we ask that you do not use the Website.

REVISIONS

We reserve the right to change, suspend or discontinue, at any time, any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. We also reserve the right to change or modify the Terms and Conditions of Use applicable to your use of the Website, or any part thereof, or to impose new conditions, at any time either by emailing you notification of the new conditions and/or by publishing the modified Terms and Conditions of Use on the relevant pages of the Website. All such changes will take effect within thirty (30) days once they have been posted on the Website or emailed to you and you will be deemed to have accepted any such changes by your use of the Website following such time. Therefore, we encourage you to regularly review these Terms and Conditions of Use.

INTENDED AUDIENCE AND USE

This Website is intended for and directed to adults. This Website is specifically not for use by any children under the age of 13. The content on the Website is for informational purposes only.

INTELLECTUAL PROPERTY

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks (both registered and unregistered), logos, graphics, photographs, animations, videos and text or to the intellectual property of third parties in the Website and its contents. You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website, or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your website viewing device for the purpose of viewing it provided that no more than one (1) copy of any information is made. Any use other than that permitted under these Terms and Conditions of Use may only be undertaken with our prior express authorization.

REGISTRATION

You may be asked to register on the Website to participate in various interactive services. The availability of these services may vary, and, in the future, we may add other interactive services that may be accessed through the Website.

When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of the user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your user name and password.

When you register, and in order to access some features of the Website, such as when you request to contact us or when you subscribe to an email newsletter, you may be required to provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by us or third parties during any visit to the Website shall be subject to the terms of our Privacy Policy as noted herein.

By registering on the Website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your online profile information to keep it accurate and current.

YOUR USE OF THE WEBSITE AND TERMINATION OF USE

You agree that in using the Website you will not: (i) use the Website in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity; (ii) use the Website for any purpose other than your personal use; or (iii) penetrate or attempt to penetrate the Website security measures protecting the Website.

You agree that you will not use the Website for transmission of chain letters, junk mail, ?spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating but not limited to any employee or consultant of ours. You further agree not to adopt an inappropriate user name of any kind.

You agree that the content of your feedback/suggestions form entries and emails to Soft may be used in our market research, product development research, and quoted on our website and in any articles or interviews we participate in, as long as we keep your name, contact information and identity confidential.

You may not use the Website to post or transmit content or materials that expose us to any liability or adverse impact of any type as determined by us in our sole discretion. You may not use the Website to post, disseminate, or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy. You may not use the Website to post, disseminate, or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and/or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality. If you have any comments or complaints regarding content or materials posted on the Website, please contact us at customerservice@softclothing.net We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice at its sole discretion, without limitation to any of our other rights.

LINKS TO OTHER WEBSITES

The Website may provide links to other websites and/or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and should not be construed as an endorsement by us of content, items, or services on those third-party websites. You access and use such websites, including the content, items, or services on those sites, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that we have no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such third party websites or resources.

Commitment

We are committed to privacy and we are involved in and support current industry initiatives to preserve individual privacy rights on the Internet. Protecting your privacy online is an evolving area, and the Website is constantly evolving to meet these demands.

DISCLAIMER OF WARRANTIES

ALL CONTENT AND SERVICES ON THE WEBSITE ARE provided by US on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, WITH RESPECT TO THE WEBSITE or the information, content, materials, services or products included on THE WEBSITE. WE WILL PROVIDE THE WEBSITE WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THESE TERMS AND CONDITIONS OF USE. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE. You expressly agree that your use of THE WEBSITE is at your sole risk.

We do not warrant that THE WEBsite, its servers or e-mail sent from US are free of viruses or other harmful components. WHILE WE USE ALL REASONABLE efforts TO CORRECT ANY ERRORS OR OMISSIONS WITHIN THE WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE DO NOT WARRANT THAT THE INFORMATION ON THE WEBSITE ITSELF WILL BE FREE FROM ERRORS OR OMISSIONS.

WE attempt to be as accurate as possible. However, WE do not warrant that descriptions or other content of THE WEBSITE ARE accurate, complete, reliable, current, or error-free.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond OUR reasonable control.

LIMITATION OF LIABILITY

NOTHING IN THESE TERMS AND CONDITIONS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS. In no event shall We, OUR affiliates, LICENSEES, parents, or subsidiaries be liable to YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY US ARISING OUT OF THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO PARTICIPATE IN THE USE OF THE WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY US. OUR LIABILITY IN TORT, CONTRACT, NEGLIGENCE, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT, IF ANY, MADE BY YOU TO US or OUR affiliates VIA THE WEBSITE.

APPLICABLE LAW

These Terms and Conditions of Use and all purchases hereunder shall be governed by and construed under the law of the State of New York, without regard to conflicts of laws rules. You agree that the courts of New York shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in New York, NY. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Use more than one (1) year after the cause of action has arisen.

LIABILITY

If you cause a technical disruption of the Website or any aspect of its functionality you agree to be responsible for any and all loss, cost, liability or expense we may suffer and you will be liable for any attorneys' fees and costs; the same shall be without limitation of our other venders in law or equity.

INDEMNITY

You agree to compensate, indemnify, defend, and hold harmless us, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors, and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of the Website and any violation of these Terms and Conditions of Use.

FORCE MAJEURE

While it is our goal is to meet all of our obligations to you, we may be unable or delayed by reason of matters or occurrences beyond our control, such as, but not limited to, acts of God, acts by you, or of civil commotion, delays in transportation, material shortages, strikes or other labor disturbances, fire, flood, accident, riot, war, government intervention, embargoes, or equipment failures. We shall not be liable for any such failure or delay as a result of any such matter or occurrence wholly or partially beyond our control. Quantities are subject to availability. In the event of shortage, we may allocate sales and deliveries in our sole discretion.

AMENDMENTS

These Terms and Conditions of Use may not be altered, supplemented or amended by the use of any other document unless otherwise agreed in writing by both us and you.

SEVERANCE

Each provision of these Terms and Conditions of Use shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

WAIVER/INVALIDITY

Our failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our right and remedies. If any provision of these Terms and Conditions of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.

HEADINGS

The section headings used in these Terms and Conditions of Use are for convenience of reference only and do not form a part of these Terms and Conditions of Use, and no construction or inference shall be derived therefrom.

WAIVER/INVALIDITY

Our failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our right and remedies. If any provision of these Terms and Conditions of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.

QUESTIONS AND COMMENTS

We welcome your questions or comments about these Terms and Conditions of Use. Please contact us at customerservice@softclothing.net. or write to us at 109 Ingraham Street, #306, Brooklyn, NY 11237.