TERMS & CONDITIONS

 

Your use of this website is subject to the following Terms & Conditions, which may be updated from time to time at the sole discretion of the owner of this site.  Through your continued use of this website, you are thereby deemed to accept these Terms & Conditions. If you do not agree to any of these terms, you should exit this website, and you may alternatively engage with the owner of this website through email at info@staceywarnix.com.

DISCLAIMER

Our products and all content on this website are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation, warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising out of a course of dealing or usage of trade, to the fullest extent permitted by applicable law.

To the fullest extent permitted by applicable law, your use of this website is at your sole risk, and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Stacey Warnix Originals and/or any officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or similar affiliates ("Affiliates") shall not be liable for any damages of any kind related to your use of this website.

In particular and to the fullest extent permitted by applicable law, Stacey Warnix Originals and/or its Affiliates make no representations or warranties about the accuracy or completeness of content available on or through the website, or the content of any websites or online services linked to or integrated with this website. To the fullest extent permitted by applicable law, Stacey Warnix Originals and its Affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the website; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the website; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the website by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the website.

To the fullest extent permitted by applicable law, in no event will Stacey Warnix Originals or its Affiliates be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of or relating to the website, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

INACCURACIES

From time to time there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

INDEMNIFICATION

To the fullest extent permitted by applicable law, if you purchase a product using this website, you agree to indemnify and hold harmless Stacey Warnix Originals and/or Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS

You and Stacey Warnix Originals (the “Parties”) agree to resolve any disputes between or involving the Parties through binding and final arbitration instead of through court proceedings. Each of the Parties hereby waive any right to a jury trial of any claim. All controversies, claims, counterclaims, or other disputes arising between the Parties relating to these Terms and Conditions or the website (each a "Claim") shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association ("AAA rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The Parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged, and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stacey Warnix Originals reserves the right to, in its sole discretion, pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the Parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either of the Parties from seeking action by federal, state, or local government agencies. The Parties also have the right to bring qualifying claims in small claims court. In addition, each of the Parties retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Neither you nor Stacey Warnix Originals may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only the individual Claims of either Party. The arbitrator may not consolidate or join the Claims of other persons or parties who may be similarly situated.

SURVIVABILITY

If any provision of these Terms and Conditions, or any portion thereof, is found to be invalid or unenforceable, then that specific provision or portion shall be of no force and effect and shall be severed, but the remainder of these Terms and Conditions shall continue in full force and effect. No waiver of any provision of these Terms and Conditions, or portion thereof, will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such waiver shall not waive or affect any of these Terms and Conditions other than the portion so specifically waived.

This Section of these Terms and Conditions will survive the termination of your relationship with Stacey Warnix Originals.

GOVERNING LAW

The relationship between you and Stacey Warnix Originals and/or Affiliates, including but not by way of limitation, these Terms and Conditions, shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, including its statutes of limitations; this shall include all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to, this relationship, including any claim or cause of action based upon, arising out of, or related to any representation or warranty made or deemed made in connection with this relationship or as an inducement to enter into this relationship.