Terms of Use

Effective Date: November 1, 2019

  1. INTRODUCTION

    This Terms of Use Agreement (this “Agreement”) applies to the website, and online services associated with 22 DEGREES. By using the site, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the site. Please read this Agreement carefully. This Agreement applies to all users of the site, including users who are viewers of material on the site.

  2. AGE LIMITATION

    By using the Sites you represent that you are at least 13 years old. YOU MAY NOT USE OR REGISTER FOR THE SITE FOR ONLINE SERVICES IF YOU ARE UNDER THE AGE OF 13.

  3. PRIVACY

    Please review our Privacy Policy, which also governs your visit to the Sites, to understand our privacy practices.

  4. CONSIDERATION

    You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the site and receipt of data, materials and information available at or through the site.

  5. DISPUTES AND AGREEMENT TO ARBITRATE

    Except where and to the extent prohibited by law by using the site, you and Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

    The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.

  6. CHOICE OF LAW

    This Agreement has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

  7. OWNERSHIP OF INTELLECTUAL PROPERTY

    Trademarks: 22 DEGREES is a registered trademark in the United States. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the site confers on you any license or right under any patent or trademark owned or controlled by Company or any third party.

    Copyright: All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the site are the copyrighted property of 22 DEGREES or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the site for any purposes. Nothing stated or implied on the site confers on you any license or right under any copyright of Company or any third party. The site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the site, or use the contents of the site in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns. For usage permission, please contact us via email.

  8. NOTICE OF COPYRIGHT INFRINGEMENT

    We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, please provide the following information:

    (1) Identification of the copyrighted work claimed to have been infringed;

    (2) Identification of the allegedly infringing material on the site that is requested to be removed;

    (3) Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;

    (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

    (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

    (6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

  9. RETURNS, REFUNDS, SHIPPING, AND ORDER CANCELLATIONS

    Please review our Online Purchases Policy  which also govern your visit to the site, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.

  10. COMMENTS

    We welcome your comments and feedback about the site and our products. In addition, in some places the site enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) on the site or sent to us, whether through the site, email, facsimile, U.S. mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any Comments to us that you do not wish to license to us. Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.

     

    You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.

     

    Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.

     

  11. LICENSE AND SITE ACCESS

    Company grants you a limited, revocable and nonexclusive license to access and make personal use of the site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the site or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.  Neither the site nor any portion of the site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company's brand names or trademarks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of Company. You may not make any other part of the site, other than the home page of the site, available as part of another service by "deep linking," or otherwise, without prior written permission from Company. Any permitted links to the site must comply will all applicable laws, rules and regulations.

  12. THIRD-PARTY

    The site may contain hyperlinks (“links”) to website operated by persons or entities other than Company (“third-party Website”) website operated by a third party. We provide such links for your reference and convenience only. A link from the site to a third-party does not mean or imply that Company endorses the content on that third-party  or the operator or operations of that third-party. Company explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party . Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party, and any information, content and materials you provide to such third-party  (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party  to which you might link from our site. Your use of any website linked to from the site is subject to the policies and procedures of the owner of such website, and your use of all such website is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the site, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.

    COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY , ANY MERCHANT OR OPERATOR OF A THIRD-PARTY , OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

  13.  YOUR RESPONSIBILITIES

    You agree to comply with all applicable laws in connection with your use of the site, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the site, you warrant that you will not use the site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the site or any co-branded Website must be accurate, complete, and current.

     

    By using the site, you agree not to violate or attempt to violate the security of the site, including, by way of illustration but not limitation, actions such as:

     

    • accessing data not intended for you or logging into a server or account that you are not authorized to access;

    • attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

    • attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the site;

    • sending unsolicited or unauthorized email, including promotions and/or advertising of products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and forging any TCP/IP packet header or any part of the header information in any email or posting;

    • using the site in a manner that is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);

    • interfering with or disrupting the site, services connected to the site, or otherwise interfering with operations or services of the site in any way;

    • infringing any copyright, trademark, trade secret, patent or other right of any party, or defaming or invading the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

    • causing us to lose (in whole or part) the services of our internet service providers or other suppliers;

    • linking to materials or other content, directly or indirectly, to which you do not have a right to link;

    • using the site in a manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Company in its sole discretion;

    • harvesting or otherwise automatically collecting any information (including without limitation personal information) about other users of the site, including, without limitation, e-mail addresses, without the express consent of such users;

    • copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the site or any portion thereof;

    • violating, or encouraging anyone to violate this Agreement, any ancillary terms and conditions listed on the site, or the Privacy Policy; or

    • violating, or encouraging anyone to violate, any applicable local, state, national, or international law, regulation or order.

  14. TERMINATION OR RESTRICTION

    Company may terminate or restrict your access to all or any part of the site at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the site at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.

  15. RISK OF LOSS

    All products purchased from the site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Company. Title to products purchased on the site, as well as the risk of loss for such products, passes to you when Company delivers these items to the carrier.

  16. PRODUCT INFORMATION

    Company attempts to be accurate in describing its products and services on the site. We do not warrant that product and service descriptions or other content of this or any other site are complete, reliable, current, or error-free.

    We have made every effort to display as accurately as possible the colors of our products that appear on the site. However, as the actual colors you see depend on your computer monitor and other factors beyond Company's control, we cannot guarantee that your computer's display of any color on the site will be accurate.

    Most Company products displayed on the site are available in select retail stores in the United States and Canada while supplies last. In some cases, merchandise displayed for sale at the site may not be available in retail stores. Unless otherwise stated, the prices displayed at the site are quoted in U.S. Dollars.

  17. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

    THE site ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE site OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE site, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE site WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE site WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE site IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE site IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE site IS AT YOUR SOLE RISK.

     

    EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

     

    IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE site, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE site, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE site OR ANY LINKED site OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE site; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  18. MISCELLANEOUS LEGAL PROVISIONS

    Company may discontinue the site at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the site at any time for any reason, without notice.

     Company reserves the right to update and/or change the terms of this Agreement. If we make any material changes to this Agreement (as determined by us), we will post a notice on the site notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes. This Agreement was last updated on the date indicated above. Your continued use of the site after any changes or revisions to this Agreement become effective shall indicate your agreement with the terms of such revised and then-current Agreement.

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the site. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.

    If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

    This Agreement constitutes the entire and final agreement regarding the site and its contents, and supersedes any prior or contemporaneous communications between you and Company regarding the site and their contents. 

    All rights not expressly granted herein are hereby reserved to Company.

  19. CONTACT US

    If you have any questions or concerns regarding the site or this Agreement, please contact us.

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