TERMS & CONDITIONS

By using the website located at www.apnyapparel.com, you are agreeing to the following Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the website.

1. OWNERSHIP

This website is owned and operated by APNY. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information contained in this website are proprietary to APNY. APNY affiliates and/or third-party licensors. This content is protected by international copyright and trademark laws.

2. RESTRICTIONS ON USE

APNY has created this website for your personal and informational use. By accessing this website, you agree to be bound by these Terms and Conditions, except as expressed in these Terms and Conditions, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works, sell or otherwise transfer any content without the prior written consent of APNY. You may print and download portions of the content for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices contained in such content. As a condition of your use of this website you agree that you will not use this website for any purpose that is unlawful, immoral or otherwise prohibited by these Terms and Conditions.Some features on this website may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately in writing. We may assume that any communications APNY receives under your password have been made by you unless we receive written notice otherwise.You may not use contact information provided on the website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the website or to surreptitiously intercept any system, data or personal information from the website. You agree not to interrupt or attempt to interrupt the operation of the website in any way.

3. MATERIAL YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via the website, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this website any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the website.If you do submit material, and unless we indicate otherwise, you grant APNY and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You grant us and our affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this website will be handled in accordance with our online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will defend and indemnify APNY and its affiliates for all claims resulting from content you supply.

4. TRADEMARKS AND COPYRIGHTS

Trademarks, logos and service marks displayed on this website are registered and unregistered trademarks of APNY, its affiliates, licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the website without the owner’s prior written permission, except as otherwise described herein. APNY reserves all rights not expressly granted in and to the website and its content. This website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright laws of the United States.

5. THIRD PARTY LINKS

This website may contain links to third party websites. Any such third party websites are not under APNY’s control, and we do not assume any responsibility or liability whatsoever for their contents. The links are provided for reference purposes only, and APNY does not endorse the content of any linked third party websites.

6. DISCLAIMER

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS BEING PROVIDED ON AN AS IS BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. APNY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APNY DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. ACCURACY,COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS WEBSITE

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.

8. ORDERS,PROHIBITION ON RESELLING AND PRICE

The information on this website does not constitute a binding offer to sell products described on the website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. [You may not purchase any item from this website for resale by you or any other person, and you may not resell any item purchased from this website]. The prices displayed on the website are quoted in United States currency and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

9. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold APNY and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You shall use your best efforts to cooperate with APNY in the defense of any claim. APNY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. SMS MARKETING TERMS OF SERVICE

The APNY mobile message service is operated by APNY Team. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to APNY’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of APNY through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with APNY. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18778733985 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other APNY mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18778733985 or email support@apnyapparel.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

11. LIMITATION OF LIABILITY

APNY shall not be liable for any indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the site or any content, even if APNY has been advised of the possibility of such damages. APNY shall only be liable for direct damages hereunder for an amount not to exceed $ 100. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. MODIFICATIONS

APNY reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of this website following the posting of changes to these Terms and Conditions will mean you accept those changes.

13. ENTIRE AGREEMENT AND ADMISSIBILITY

This agreement and any policies or operating rules posted on this website constitute the entire agreement and understanding between you and APNY with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have any questions or comments regarding this website or APNY please contact us by filling out the form in the Contact section of the website or you can email us at support@apnyapparel.com