LAST UPDATED: JUNE 7, 2012.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONSBy using BreakawayFashions.com (including www.breakawayfashions.com and its related subdomains, services and other sites and tools linked to breakawayfashions.com (collectively, the "Site"), you agree to these Terms & Conditions and the general principles for the Site regardless of whether you have read through all of the applicable terms. As used in these Terms & Conditions, "Breakaway Fashions", "us" or "we" refers to Breakaway Fashions Corporation and its subsidiaries and affiliates. WE RECOMMEND THAT YOU READ THESE TERMS & CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You must accept all of the terms in these Terms & Conditions before you become a registered user of the Site. By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use the Site or any service or business offered on the Site. In addition, you will also be subject to any additional terms and guidelines applicable to any such separate service and business (which, if inconsistent with these Terms & Conditions, shall control). If you do not agree with any of these Terms & Conditions, including any linked documents, do not use the Site.
Breakaway Fashions reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions and all linked documents. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; but any material change to these Terms & Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms & Conditions that arose prior to the applicable "LAST UPDATED" date in which we included such material change.
We may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
ELECTRONIC COMMUNICATIONSWhen you visit the Site, you are communicating with Breakaway Fashions electronically. You consent to receive communications from Breakaway Fashions electronically. Breakaway Fashions will communicate with you by e–mail or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that Breakaway Fashions provides to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOUYou represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
YOUR ACCOUNTYou may be required to register with Breakaway Fashions in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Breakaway Fashions reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATIONBreakaway Fashions reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
TRANSACTIONSWe make available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Breakaway Fashions the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply Breakaway Fashions’ endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Breakaway Fashions reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
REVIEWS, COMMENTS, SUBMISSIONS AND OTHER COMMUNICATIONSBreakaway Fashions welcomes your reviews, comments and other communications, photos, videos or any other content that you submit through or to the Site ("User Content") as long as the User Content submitted by you complies with these Terms & Conditions as well as Breakaway Fashions' General Review Writing Guidelines, which are incorporated into these Terms & Conditions in their entirety. Breakaway Fashions does not endorse, recommend or sponsor any user product reviews, ideas, advice or other User Content.
You agree that any User Content submitted by you on the Site will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Breakaway Fashions rule or policy, will not violate any right of a third party, including without limitation, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on the Site will not contain obscene, profane or threatening language, and will not contain malware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.
You are solely responsible for the User Content you submit, and Breakaway Fashions assumes no liability for any User Content submitted by you. You agree to indemnify us against all claims and liabilities resulting from your User Content. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Breakaway Fashions and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "Breakaway Fashions Entities"), and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms & Conditions and our Review Guidelines; or for any other reason or purpose.
For any User Content that you submit, you grant to Breakaway Fashions a non–exclusive, sublicenseable (through multiple tiers), fully–paid up, perpetual, irrevocable, royalty–free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate such content into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Breakaway Fashions the right to include the name provided along with the User Content submitted by you; provided, however, Breakaway Fashions shall have no obligation to include such name with such User Content. For any User Content that you submit, you grant to Breakaway Fashions a non-exclusive, sublicenseable (through multiple tiers), fully-paid up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate such content into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Breakaway Fashions the right to include the name provided along with the User Content submitted by you; provided, however, Breakaway Fashions shall have no obligation to include such name with such User Content. Please note that, if you use your name in connection with your product review, this personal information will become public information, and will be available to site visitors and to the general public; moreover, such personal information, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with your product reviews
You must provide your actual e–mail address in order to submit User Content. Any content you submit will be routed through the Internet, and you understand and acknowledge that you have no expectation of privacy regarding User Content. By submitting your email address in connection with your User Content, you agree that Breakaway Fashions and its third party service providers may use your email address to contact you about your User Content and for other administrative purposes; however, Breakaway Fashions has no obligation to respond to any User Content.
For all User Content posted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
User Content is also provided by third party visitors to the Site. Please note that Site visitors may make statements, post messages or other User Content that are inaccurate, misleading or deceptive. Breakaway Fashions Entities neither endorse nor are responsible for any opinion, advice, information or statements made by third parties. The Breakaway Fashions Entities are not responsible for any such information or materials made available through the Site (including without limitation errors or omissions in postings or links or images embedded in such postings) or results obtained by using any such information or materials. Under no circumstances will the Breakaway Fashions Entities be responsible or liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Breakaway Fashions.
COLORSBreakaway Fashions strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Breakaway Fashions cannot guarantee that your monitor’s display of any color will be accurate.
LIMITATIONS ON QUANTITYBreakaway Fashions does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS AND INACCURACIESIf an item is out of stock, a substitute may be made only if the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or updated product packaging. A product substitution will occur at no extra cost.
Breakaway Fashions’ acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Breakaway Fashions makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Breakaway Fashions reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
As part of our shipping procedures, we verify the availability and the price before an item is shipped out.
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, if the item is no longer available, or we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
RISK OF LOSSThe risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
GIFT CERTIFICATESAll GiftCards, e–GiftCards and other gift certificates are deemed purchased in and issued from the State of Texas. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
RETURNSIf you are not fully satisfied with your purchase you may return it in the item’s original packaging within 90 days of the date shipped. Additional restrictions apply. Please see our Return Policy for more details. The Return Policy is incorporated into these Terms & Conditions in its entirety.
NO UNLAWFUL OR PROHIBITED USESThe Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to Breakaway Fashions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
(b) using the Site for unintended purposes or trying to change the behavior of the Site;
(c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
(d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";
(e) forging any header or any part of the header information in any e–mail or posting; or
(f) forging communications on behalf of the Site (impersonating the Breakaway Fashions website) or to the Site (impersonating another user).
Sending unsolicited and unauthorized e–mail on behalf of Breakaway Fashions, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Breakaway Fashions or generally publicly available browsers. Violations of system or network security may result in civil or criminal liability.
Further, you will not:
(a) post, transmit, or otherwise make available through or in connection with the Site:
1. Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
2. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," cracking," or "phreaking"; or
3. Any material, non–public information about a company without the proper authorization to do so;
(b) use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
(c) impersonate any person or entity, including without limitation any representative of Breakaway Fashions; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
(d) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site);
(e) use the site to advertise or offer to sell or buy any goods or services without Breakaway Fashions’ express prior written consent;
(f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
(g) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
(h) remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the site;
(i) frame or mirror any part of the Site without Breakaway Fashions’ express prior written consent; or
(j) create a database by systematically downloading and storing Site content.
EXPORT POLICYYou acknowledge that any purchased goods licensed or sold on the Site, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Third Party Financial Information
We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. Breakaway Fashions neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Breakaway Fashions does not endorse or adopt these web sites or any information contained therein. Breakaway Fashions makes no representations or warranties whatsoever regarding their accuracy or completeness.
INTELLECTUAL PROPERTY NOTICEAll content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively "Content"), is owned or licensed property of Breakaway Fashions or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Breakaway Fashions Brands, Inc. and protected by U.S. and international copyright laws.
The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Breakaway Fashions and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Breakaway Fashions’ or any third party’s intellectual property rights.
DMCA NOTICENotice and Procedure for Making Claims of Copyright Infringement
Breakaway Fashions’ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright–infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Breakaway Fashions’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Breakaway Fashions that your copyrighted material has been infringed. Breakaway Fashions does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Breakaway Fashions will respond by either taking down the allegedly infringing content or blocking access to it. Breakaway Fashions may contact the notice provider to request additional information.
Under the DMCA, Breakaway Fashions is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Breakaway Fashions a counter–notification.
Notices and counter–notices are legal notices distinct from regular Site activities or communications. This means that we may publish or share them with third parties at our discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter–notice may be liable for damages under the DMCA, including costs and attorney’s fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
FILING A DMCA NOTICETo file a DMCA notice, the copyright owner must send in a written letter by fax or regular mail only (not by email). We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non–compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
2. Identify the Content that a copyright owner claims is infringing on copyrighted work. Copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. Copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law" ;
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed" ;
7. The notice must be signed; and
8. The notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Breakaway Fashions, Inc.
15 Taber Ln.
Rockwall, TX 75087
LINKS TO THIRD PARTIES’ WEBSITESThe Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers. Breakaway Fashions is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website, Breakaway Fashions strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Breakaway Fashions of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES -- GENERALWhile Breakaway Fashions attempts to ensure your access and use of the Site is safe, Breakaway Fashions cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY BREAKAWAY FASHIONS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BREAKAWAY FASHIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM BREAKAWAY FASHIONS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BREAKAWAY FASHIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, BREAKAWAY FASHIONS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
JURISDICTIONAL ISSUESThe Site is controlled and operated by Breakaway Fashions from the United States, and is not intended to subject Breakaway Fashions to the laws or jurisdiction of any state, country or territory other than that of the United States. Breakaway Fashions does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES SHALL BREAKAWAY FASHIONS OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BREAKAWAY FASHIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BREAKAWAY FASHIONS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION AND DEFENSE OF BREAKAWAY FASHIONSAs a condition of the use of the Site, you agree to defend, indemnify and hold harmless Breakaway Fashions, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
NOTICESExcept as explicitly stated otherwise, any notices you send to Breakaway Fashions shall be sent by mail to Breakaway Fashions.com 15 Taber Ln., Rockwall, TX 75087. In the case of notices Breakaway Fashions sends to you, notices may be posted on the Site or sent to the email address listed in your profile in your account. Notice shall be deemed given 24 hours after the notice is posted on the Site or an electronic message is sent, unless (i) the sending party is notified that the message did not reach the recipient or, (ii) in the case of mailing, three (3) days after the date of mailing.
NOTICE FOR CALIFORNIA RESIDENTSUnder California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to Sales@breakawayfashions.com. You may also contact us by writing to Breakaway Fashions.com 15 Taber Ln., Rockwall, TX, 75087, or by calling us at (972) 839–0945. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
ENFORCEMENT OF TERMS & CONDITIONSBY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA. The laws of the State of Texas, without regard to Texas’s choice–of–law principles, govern all matters arising out of or related to these Terms & Conditions. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms & Conditions shall be the United States District Court for the District of Texas, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the District of Texas, then the exclusive forum and venue for any such action shall be the courts of the State of Texas located in Rockwall County, and submit to the personal jurisdiction of that court.
MISCELLANEOUSThese Terms & Conditions, including policies incorporated herein (e.g., Review Guidelines, Pricing Policy, Return Policy and terms of sale), constitute the entire agreement between you and Breakaway Fashions with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Breakaway Fashions with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
CONTACT USIf you have any concerns about Breakaway Fashions or your use of the Site, please contact us with a detailed description, and we will try to resolve it: