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Terms of Use

Welcome to the J.W. Posche Fashions, www.poschefashions.com. J.W. Posche Fashions provides the content and services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy.

1. Privacy
Please read our Privacy Policy, which also governs your visit to the Website, so that you may understand our privacy practices.

2. Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us.

3. Accuracy of Information
We attempt to be as accurate as possible when describing our products or services on the Website; however, to the extent permitted by applicable law, we do not warrant that the product or service description, color or other content available on the Website is accurate, complete, reliable, current, or error-free.

4. Intellectual Property
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of J.W. Posche Fashions, our affiliates, partners or licensers, and is protected by United States and international copyright laws. The trademarks, logos and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of J.W. Posche Fashions, our affiliates, partners or licensers, in the United States and other countries and are protected by United States and international trademark laws. Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our written permission.

5. Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted therein. You shall act always in accordance with law, custom and good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its content or its security measures or to harass or disparage J.W. Posche Fashions or its personnel or products or services, or affiliates, partners or licensers. No unsolicited e-mail (spam) or viruses may be directed to or through this Website. Users may not use this Website in order to transmit, dispute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE LIABLE FOR ALL LOSSES AND DAMAGES THAT THIS MAY CAUSE TO J.W. Posche Fashions, OUR AFFILIATES, PARTNERS OR LICENSERS.

6. Linking
It is strictly prohibited to link other websites with this Website without J.W. Posche Fashions's prior written permission. J.W. Posche Fashions has no responsibility and assumes no liability for unaffiliated websites to which it is linked, including but not limited to content or other products, services or material. We may permit some links for convenience, but such links should not be construed as an endorsement by J.W. Posche Fashions, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked websites may differ from those of J.W. Posche Fashions and should be reviewed by you when you use links to access other websites. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

7. Submissions
Any unsolicited suggestions, ideas, inquiries, feedback, or other information you provide us will be treated as nonproprietary and non-confidential and by submitting such information, you hereby grant us a non-exclusive, royalty free, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts, or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

8. Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF WEBSITE LINKS, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES, OR EVENTS BEYOND OUR REASONABLE CONTROL. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

9. Indemnification
You agree to defend, indemnify and hold harmless J.W. Posche Fashions, its personnel and affiliates, partners or licensers for any loss, damages or costs, including reasonable attorneys’ fees, resulting from third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify J.W. Posche Fashions, its personnel and affiliates, partners or licensers for any loss, damages, or costs including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

10. Consent to Jurisdiction and Venue and Disputes
This Agreement is executed in the State of Florida and it is to be construed under and in accordance with the laws of the State of Florida. In addition, both you and J.W. Posche Fashions, consent jurisdiction of the County or Circuit Courts located in Broward County, Florida. With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Florida, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Florida.

11. General
By using this Website, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy constitute the complete and exclusive agreement between J.W. Posche Fashions concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the website. Your continued use of the Website constitutes your agreement to all such terms and conditions.