By accessing this website (hereinafter "the Site"), all users agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
These Terms and Conditions apply to all visits and use of the Site, as well as to the content, information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site.
Ownership of content
The Site is owned and operated by HEADRUSH Apparel Inc., a company duly incorporated according to the laws of the state of New York, United States of America.
All elements of the Site including, without limiting the generality of the foregoing the general design and its content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. No portion or element of the Site or its content may be copied or retransmitted via any means and the Site, its content and all related rights shall remain the exclusive property of HEADRUSH Apparel Inc. or its licensors unless otherwise expressly agreed.
Copyright and Trademarks
The copyright in all content is and remains owned by HEADRUSH Apparel Inc. except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content of this Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. Removal of any copyright, trademark or other proprietary notices from material found on the Site is strictly prohibited.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by HEADRUSH Apparel Inc. and the latter does not transfer title to the Software to you. You own the medium on which the Software is recorded, but HEADRUSH Apparel Inc. retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software.
All trademarks, service marks and trade names of HEADRUSH Apparel Inc. used herein (including but not limited to the HEADRUSH name) are trademarks or registered trademarks of HEADRUSH Apparel Inc.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify HEADRUSH Apparel Inc. trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without HEADRUSH Apparel Inc. prior written consent. The use of HEADRUSH Apparel Inc. trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of HEADRUSH Apparel Inc.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED 'AS IS' AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
HEADRUSH Apparel Inc. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. HEADRUSH Apparel Inc. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW.
HEADRUSH Apparel Inc. RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
Limitation of liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HEADRUSH Apparel Inc., NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF HEADRUSH Apparel Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
In the event a HEADRUSH Apparel Inc. product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, HEADRUSH Apparel Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. HEADRUSH Apparel Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HEADRUSH Apparel Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Links to third parties
Misuse of the Site
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Changes to the terms
HEADRUSH Apparel Inc. reserves the right, at its sole discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the the state of New York, United States of America, and the federal laws of the United States of America applicable therein. The parties irrevocably submit and attorn to the exclusive jurisdiction of the courts the the state of New York for all matters arising out of or relating to these Terms and Conditions.
You agree to indemnify, defend, and hold harmless HEADRUSH Apparel Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Any notice required or permitted to be given to HEADRUSH Apparel Inc. shall be deemed validly given if served by bailiff or registered mail to 333 Glen Street, suite 902, Glens Falls, New York, USA, 12801.
HEADRUSH Apparel Inc. may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by mail to your address on record in HEADRUSH Apparel Inc. account information.