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Terms and Conditions of Use

Effective Date 2011

Onestop Internet, Inc. ("Onestop") operates this web site ("Web Site") pursuant to contractual agreements with NYDJ Apparel, LLC ("NYDJ"), the designer and manufacturer of products sold on this Web Site. Onestop and NYDJ are not affiliates of one another and have no relationship with one another other than through these agreements. Nevertheless, Onestop and NYDJ may be referred to in these Terms and Conditions as "we" or "us".

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. PLEASE ALSO READ OUR PRIVACY POLICY WHICH ALSO GOVERNS YOUR USE OF THIS WEB SITE.

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. All measurements, weights, colors and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web 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 Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Accuracy of Information

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be incomplete, inaccurate or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of this Web Site; Copyright

The design of this Web Site and all text, graphics, photographs, information, designs, logos, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, NYDJ and/or Onestop and are protected by U.S. and international copyright, trademark and other laws, treaties and conventions and may not be used except as permitted by these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce, copy, download, stream or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of NYDJ and/or Onestop or our software suppliers and is protected by U.S. and international copyright laws, treaties and conventions. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications

When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of NYDJ or our affiliates, including NYDJ, the NYDJ Icon, NOT YOUR DAUGHTER’S JEANS, LIFT TUCK TECHNOLOGY and its Design, TUMMY TUCK and the Criss-Cross Design. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

Linking to this Web Site

Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.

Third Party Links

From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

In addition to the foregoing, you may not post or transmit in connection with this Web Site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
  • consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is abusive, vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this Web Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
  • includes MP3 format files;
  • amounts to a "pyramid" or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this Web Site or any networks connected to this Web Site;
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above;
  • engage in deep-linking, in-line linking, mirroring or framing of any content of the Web Site without our prior express, written permission;
  • engage in systematic retrieval of data or other content from this Web Site or any of its content to create or compile, directly or indirectly, a collection, compilation, or directory without our written permission by use of scrapers or other tools,
  • violate the restrictions in any robot exclusion headers on this Web Site or bypass or circumvent other measures employed to prevent or limit access to this Web Site;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Web Site’s infrastructure;
  • use this Web Site to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider; or
  • engage in any other activity deemed by us to be in conflict with the spirit or intent of these Terms and Conditions.

User Information

Other than personally identifiable information, which is subject to our Privacy Policy, and as otherwise provided in these Terms and Conditions, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Submissions
You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, photos, or other information communicated to us through this Web Site (a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future business operations. Testimonials, as defined below, do not fall within the definition of Submission under this paragraph and are treated strictly as described below, and, as pertinent, our Privacy Policy. Notwithstanding the foregoing, with respect to Testimonials, you authorize us only to release your first name, the first initial of your last name, and your city/state to attribute the Testimonial to you, along with any submitted photo, audio or video. Notwithstanding the foregoing, to the extent any Submission falls within the scope of the Privacy Policy, it shall be treated in accordance with the our Privacy Policy.
Testimonials
We actively encourage and request that you submit testimonials relating to your personal experiences with NYDJ apparel or this Web Site (a "Testimonial"). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration, to the use of your likeness, voice, name (limited only to your first name, first initial of last name, city and state) and/or any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing/sales print advertising, or Web site content including, without limitation, this Web Site, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet. You specifically agree that any Testimonial may be reproduced orally using a third party. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial. This Testimonial consent supersedes and replaces any and all prior or contemporaneous agreements, understandings or arrangements, whether oral or written, previously made between the parties regarding, and constitutes the entire understanding of the parties with respect to, any Testimonial. This Testimonial consent may not be modified, changed, altered or amended except by written agreement of both parties. We reserve the right to use persons other than the person submitting the Testimonial to vocalize or act out a Testimonial or to create its own Testimonial based on adaptations or compendiums of Testimonials.
Sweepstakes/Contests; Prizes
NYDJ may, from time to time, conduct sweepstakes (“Sweepstakes”) or other contests (“Contests”) through this Web Site. Please review these Terms and Conditions carefully for specific rules or instructions regarding Sweepstakes or Contests. Winners of Sweepstakes will be randomly selected. Winners of Contests may be selected by judges as determined by NYDJ and in compliance with all applicable laws. Winners of Sweepstakes or Contests will receive a prize selected by NYDJ (the "Prize"). NYDJ does not know who the winner is prior to selecting the winner in accordance with the rules for any Sweepstakes or Contest. If you enter a Sweepstakes, your entry will have the same chance to win as every other entry. No purchase of any kind or payment is required or expected to enter a Sweepstakes or Contest and your chances of winning without a purchase are the same as the chances of someone who buys something. It would not be lawful to give any advantage to buyers in a Sweepstakes or Contests. To participate in a Sweepstakes or Contest, follow the instructions and prompts on this Web Site. You may submit multiple entries for each ongoing Sweepstakes or Contest. Each entry must be submitted separately in accordance with stated rules and must be actually received by NYDJ. NYDJ does not accept entries from third parties or those sent in bulk. Odds of winning a Sweepstakes depend on the number of entries received . If selected as a winner of a Sweepstakes or Contest, as a condition to receiving your Prize, you must comply with all terms of these Terms and Conditions and our Privacy Policy, including authorizing NYDJ to use photographs and/or quotations (of you discussing your experience with winning and/or using the Prize) for any and all NYDJ marketing and promotional purposes. You must be eighteen or older to be eligible to participate in Sweepstakes, and Sweepstakes and Contests are open to both females and males. The entrant named in the winning entry will be considered the winner. If NYDJ is unable to locate the winner within 30 days of selection, NYDJ may select an alternate winner. Winners will be personally notified by e-mail. By entering to win, the winners have notified NYDJ of the name (first name and first initial of last name) and partial locality (city and state) they want posted on this Web Site. Winners must notify NYDJ of their shipping addresses in order to receive their Prizes. By entering to win, the winner opts in to all NYDJ emails with all relevant CAN-SPAM compliant laws, and will not hold NYDJ liable for any spam complaints whatsoever. Prizes will be shipped free of charge. The cost of freight for any returns is at the winner’s expense. NYDJ will not post the winner’s full mailing address on the Web Site. The decisions of NYDJ or the applicable judges are final. NYDJ may discontinue offering Sweepstakes or Contests at any time and will post any such discontinuation on this Web Site. NYDJ may change Sweepstakes or Contest rules at any time. Any particular Sweepstakes or Contest period may be ended early for promotional purposes or in NYDJ’s sole decision. NYDJ is not responsible for lost, delayed, misdirected, interrupted, garbled or mutilated e-mail entries. Principals and employees of NYDJ and Onestop, their Sweepstakes/Contest processors, immediate families and judge(s) are not eligible. All federal, state and local laws apply and Sweepstakes or Contests are void where unlawful or otherwise prohibited by law. Each winner is responsible for any applicable taxes pertinent to winning each Prize. Winners are disqualified from winning in successive Sweepstakes or Contests.

Disclaimers

YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations of Liability

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.

IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, ATTORNEYS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Revisions to these Terms and Conditions

We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

Choice of Law; Jurisdiction

These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of California, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Indemnification

You agree to defend, indemnify and hold NYDJ and Onestop, and our respective directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (a) your use of this Web Site, including any data or information transmitted by received by you; and (b) any unacceptable use of this Web Site, including any statement, data or content made, transmitted or republished by you which is prohibited by these Terms and Conditions.

Termination

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department.

free shipping, exchanges and returns

We also offer FREE ground return shipping on exchanges and provide a pre-paid return label to make returns and exchanges easy on our customers. We do not offer international shipping at this time. Currently, our shipping territories include the 50 United States and Washington, D.C. Once your package leaves our warehouse, you should receive it in about seven days with free ground shipping.

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