TERMS & CONDITIONS
Welcome to DarrenMcNeese.com. DarrenMcNeese.com
and its affiliates provide their services to you
subject to the following conditions. If you
visit or shop at DarrenMcNeese.com, you accept
these conditions. Please read them carefully. In
addition, when you use any current or future
DarrenMcNeese.com service or visit or purchase
from any business affiliated with
DarrenMcNeese.com, whether or not included in
the DarrenMcNeese.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
Please review our Privacy
Notice, which also governs your visit to
DarrenMcNeese.com, to understand our practices.
When you visit DarrenMcNeese.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
All content included on this
site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads,
data compilations, and software, is the property
of DarrenMcNeese.com or its content suppliers
and protected by United States and international
copyright laws. The compilation of all content
on this site is the exclusive property of
DarrenMcNeese.com and protected by U.S. and
international copyright laws. All software used
on this site is the property of
DarrenMcNeese.com or its software suppliers and protected by United States and international copyright laws.
DarrenMcNeese.com & Design, and other
DarrenMcNeese.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Man-Gear Inc. or its affiliates in the U.S. and/or other countries. Man-Gear.com's trademarks and trade dress may not be used in connection with any product or service that is not Man-Gear.com's,
in any manner that is likely to cause confusion
among customers, or in any manner that
disparages or discredits DarrenMcNeese.com. All
other trademarks not owned by DarrenMcNeese.com
or its affiliates that appear on this site are
the property of their respective owners, who may
or may not be affiliated with, connected to, or
sponsored by DarrenMcNeese.com or its affiliates.
LICENSE AND SITE ACCESS
DarrenMcNeese.com grants you a
limited license to access and make personal use
of this site and not to download (other than
page caching) or modify it, or any portion of
it, except with express written consent of
DarrenMcNeese.com. This license does not include
any resale or commercial use of this site or its
contents; any collection and use of any product
listings, descriptions, or prices; any
derivative use of this site or its contents; any
downloading or copying of account information
for the benefit of another merchant; or any use
of data mining, robots, or similar data
gathering and extraction tools. This site or any
portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose
without express written consent of
DarrenMcNeese.com. You may not frame or utilize
framing techniques to enclose any trademark,
logo, or other proprietary information
(including images, text, page layout, or form)
of DarrenMcNeese.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Man-Gear.com's
name or trademarks without the express written
consent of DarrenMcNeese.com. Any unauthorized
use terminates the permission or license granted
by DarrenMcNeese.com. You are granted a limited,
revocable, and nonexclusive right to create a
hyperlink to the home page of DarrenMcNeese.com
so long as the link does not portray
DarrenMcNeese.com, its affiliates, or their
products or services in a false, misleading,
derogatory, or otherwise offensive matter. You
may not use any DarrenMcNeese.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this 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.
DarrenMcNeese.com does sell products for
children, but it sells them to adults, who can
purchase with a credit card. If you are under
18, you may use DarrenMcNeese.com only with
involvement of a parent or guardian.
DarrenMcNeese.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments,
and other content; send e-cards and other
communications; and submit suggestions, ideas,
comments, questions, or other information, so
long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or
otherwise injurious to third parties or
objectionable and does not consist of or contain
software viruses, political campaigning,
commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use
a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin
of a card or other content. DarrenMcNeese.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit
material, and unless we indicate otherwise, you
grant DarrenMcNeese.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish,
translate, create derivative works from,
distribute, and display such content throughout
the world in any media. You grant
DarrenMcNeese.com and its affiliates and sublicensees
the right to use the name that you submit in
connection with such content, if they choose.
You represent and warrant that you own or
otherwise control all of the rights to the
content that you post; that the content is
accurate; that use of the content you supply
does not violate this policy and will not cause
injury to any person or entity; and that you
will indemnify DarrenMcNeese.com or its
affiliates for all claims resulting from content
you supply. DarrenMcNeese.com has the right but
not the obligation to monitor and edit or remove
any activity or content. DarrenMcNeese.com takes no responsibility and assumes no liability for any content posted by you or any third party.
DarrenMcNeese.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from
DarrenMcNeese.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DarrenMcNeese.com and its affiliates
attempt to be as accurate as possible. However,
DarrenMcNeese.com does not warrant that product
descriptions or other content of this site is
accurate, complete, reliable, current, or
error-free. If a product offered by
DarrenMcNeese.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by
DarrenMcNeese.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies
only to products sold and shipped by
DarrenMcNeese.com. Your purchases from
third-party sellers using DarrenMcNeese.com Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
Parties other than DarrenMcNeese.com and its subsidiaries operate stores, provide services, or sell product lines on this site. For example, Shutterfly
offers Photo Services in our Camera and Photo
store, and other businesses and individuals
offer products in Auctions. In addition, we
provide links to the sites of affiliated
companies and certain other businesses. We are
not responsible for examining or evaluating, and
we do not warrant the offerings of, any of these
businesses or individuals or the content of
their Web sites. DarrenMcNeese.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED BY DarrenMcNeese.com OR ITS AFFILIATES
ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING.
DarrenMcNeese.com AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, DarrenMcNeese.com AND ITS
AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. DarrenMcNeese.com AND ITS
AFFILIATES DO NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SITE; THEIR SERVERS; OR E-MAIL SENT FROM
DarrenMcNeese.com ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. DarrenMcNeese.com AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS 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 TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting DarrenMcNeese.com,
you agree that the laws of the state of
California, without regard to principles of
conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might
arise between you and DarrenMcNeese.com or its affiliates.
Any dispute relating in any way
to your visit to DarrenMcNeese.com or to
products you purchase through DarrenMcNeese.com shall be submitted to confidential arbitration in San Diego, California, except that, to the extent you have in any manner violated or threatened to violate Man-Gear.com's
intellectual property rights, DarrenMcNeese.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies,
such as our pricing policy, posted on this site.
These policies also govern your visit to
DarrenMcNeese.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Man Gear, Inc.
1850 Fifth Avenue
San Diego 92101
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has
been copied in a way that constitutes copyright
infringement, please provide DarrenMcNeese.com's
copyright agent the written information
specified below. Please note that this procedure
is exclusively for notifying DarrenMcNeese.com and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.