Terms of Service

Terms & Conditions

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

a.     Permission is granted to temporarily download one copy of the materials (information or software) on El Potrero Western Wear's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

                      i.        modify or copy the materials;

                     ii.        use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

                     iii.        attempt to decompile or reverse engineer any software contained on El Potrero Western Wear's web site;

                    iv.        remove any copyright or other proprietary notations from the materials; or

                     v.        transfer the materials to another person or "mirror" the materials on any other server.

b.     This license shall automatically terminate if you violate any of these restrictions and may be terminated by El Potrero Western Wear at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

a.     The materials on El Potrero Western Wear's web site are provided "as is". El Potrero Western Wear makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, El Potrero Western Wear does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall El Potrero Western Wear or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on El Potrero Western Wear's Internet site, even if El Potrero Western Wear or a El Potrero Western Wear authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on El Potrero Western Wear's web site could include technical, typographical, or photographic errors. El Potrero Western Wear does not warrant that any of the materials on its web site are accurate, complete, or current. El Potrero Western Wear may make changes to the materials contained on its web site at any time without notice. El Potrero Western Wear does not, however, make any commitment to update the materials.

6. Links

El Potrero Western Wear has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by El Potrero Western Wear of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

El Potrero Western Wear may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to El Potrero Western Wear's web site shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

 

 

COPYRIGHT NOTICE.

All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Web Site are copyright © 2017 El Potrero Western Wear, Inc. All rights reserved. El Potrero Western Wear, Inc. hereby authorizes you to view, copy, print, and distribute the documents, related graphics and materials published by El Potrero Western Wear, Inc. on this Web Site ("Materials") subject to the following conditions: 1) use is for non-commercial or personal purposes only; 2) use is for informational purposes only; 3) no documents or related graphics available from this Site are modified in any way; and 4) no graphics available from this Web Site are used separate from accompanying text. In consideration of this authorization, you agree that the above copyright notice and this permission notice shall appear in all copies of this document, related graphics and materials, or any portions thereof. Modification of the documents, related graphics and materials or use of the documents, related graphics and materials for any other purpose is a violation of El Potrero Western Wear, Inc. copyright and other proprietary rights. The use of any documents, related graphics and materials from this Web Site on any other Web Site or any networked computer environment is prohibited. By downloading any materials from this Web Site, you agree to these terms. If you do not agree to these terms, do not use this Web Site or download any materials from it.

OWNERSHIP OF MATERIALS.

Any product, process or technology described in this Web Site may be the subject of other Intellectual Property rights reserved by El Potrero Western Wear, Inc. and may not be licensed hereunder. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property right of El Potrero Western Wear, Inc. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any El Potrero Western Wear, Inc. copyright. Any rights not expressly granted herein are reserved.

POLICY CONCERNING INFRINGEMENT CLAIMS AND REPEAT INFRINGERS.

El Potrero Western Wear, Inc. will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its Web Site or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Under appropriate circumstances, El Potrero Western Wear, Inc. will act expeditiously to remove or disable access to the material that is claimed to be infringing or claimed to be the subject of infringing activity. El Potrero Western Wear, Inc. will, following appropriate investigation, terminate or disable access by repeat infringers. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claims of alleged copyright or other intellectual property infringement must be in writing and directed to El Potrero Western Wear, Inc. designated agent.

TRADEMARKS.

El Potrero Western Wear, Inc. and the El Potrero Western Wear, Inc. logo, and other names, designs, logos and packaging of El Potrero Western Wear, Inc. and/or El Potrero Western Wear, Inc. products referenced herein, are trademarks or registered trademarks of El Potrero Western Wear, Inc.. All other product and company names mentioned herein may be the trademarks of their respective owners.

DISCLAIMER.

ALL MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, El Potrero Western Wear, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE. El Potrero Western Wear, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. El Potrero Western Wear, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT El Potrero Western Wear, Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE MATERIALS ON THIS WEB SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. El Potrero Western Wear, Inc. DOES NOT REPRESENT OR WARRANT THAT ANY MATERIAL IN THIS WEB SITE IS CORRECT, COMPLETE, OR UP-TO-DATE. El Potrero Western Wear, Inc. MAY CHANGE OR DELETE MATERIAL ON THIS WEB SITE WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS AT THE USER'S OWN RISK. ELECTRONIC MAIL SENT TO THIS SITE ON THE INTERNET IS NOT SECURE, AND USERS SHOULD AVOID SENDING SENSITIVE OR CONFIDENTIAL INFORMATION IN UNENCRYPTED MESSAGES.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL El Potrero Western Wear, Inc. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE ANY MATERIAL AVAILABLE FROM THIS WEB SITE. IN NO EVENT SHALL El Potrero Western Wear, Inc. TOTAL LIABILITY FOR CLAIMS, DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR IF NO MONEY WAS PAID, ACTUAL DIRECT, AND PROVEN DAMAGES ATTRIBUTABLE TO THE WILLFUL NEGLIGENCE OF El Potrero Western Wear, Inc. AND UNAVOIDABLE BY YOU.

LINKS TO OTHER MATERIALS.

This Web site may contain links to other resources on the Internet ("Third Party Sites"). Third Party Sites are not under the control of El Potrero Western Wear, Inc. and El Potrero Western Wear, Inc. is not responsible for the content of any Third Party Site. El Potrero Western Wear, Inc. reserves the right to terminate any link or linking program at any time. Links are provided as aids to help identify and locate other Internet resources of interest. They are not intended to state or imply that El Potrero Western Wear, Inc. sponsors, endorses or is affiliated or associated with the owners or publishers of such resources, or that El Potrero Western Wear, Inc. is legally authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the Third Party Sites. If you decide to access any of the Third Party Sites linked to this Web Site, you do so entirely at your own risk.

USER SUBMISSIONS.

Any material, information, or other communication you transmit or post to this Web Site will be considered non-confidential and non-proprietary ("Communications"). El Potrero Western Wear, Inc. will have no obligations with respect to the Communications. El Potrero Western Wear, Inc. and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. El Potrero Western Wear, Inc. DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES EXCEPT THOSE IDEAS AND INVENTIONS SUBMITTED VIA El Potrero Western Wear, Inc. INVENTION SUBMISSION WEBSITE http://www.ElPotreroWesternWear.com/. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN El El Potrero Western Wear, Inc. PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO El Potrero Western Wear, Inc. ACCORDINGLY, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO El Potrero Western Wear, Inc. OR ANYONE AT El Potrero Western Wear, Inc. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT El Potrero Western Wear, Inc. DEEMS ALL UNSOLICITED IDEAS AND MATERIALS TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY.

JURISDICTION.

This Web Site is controlled and operated by El Potrero Western Wear, Inc. from its offices within the State of North Carolina, United States of America. This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Mecklenburg County North Carolina and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

APPLICABLE LAWS.

This Web Site is controlled by El Potrero Western Wear, Inc. from its offices within the United States of America. El Potrero Western Wear, Inc. makes no representation that Materials in the Web Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

GENERAL.

El Potrero Western Wear, Inc. may revise these Terms at any time by updating this posting. You should visit this Web Site from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site. You agree that your accessing and using this Web Site is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement, whether based on the Statute of Frauds or similar law, rule, or regulation. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Copyright © 2017 El Potrero Western Wear, Inc. All rights reserved. El Potrero Western Wear, Inc., 3036 Eastway Drive, Charlotte, NC 28205, USA.