"Alta Gracia Apparel"

Terms of Use

TERMS OF USE

Last Updated  June 20, 2019

Welcome to the Alta Gracia Apparel website, www.altagraciaapparel.com, owned and operated by AG Triada, LLC, a Georgia limited liability company . (“Alta Gracia” “us” “our” or “we”). Except as otherwise noted herein, these Terms of Use (the “Terms”) govern your use of the Alta Gracia Website and Alta Gracia’s services, applications, content and products (collectively, the “Site”).

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Your use of the Site is subject to these Website Terms of Use (the “Terms”) as well as all applicable laws.

YOUR ACCESS OR USE OF THE WEBSITE INDICATES YOUR (I) ACCEPTANCE OF THESE TERMS, AND (II) ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY POLICY LOCATED AT www.altagraciaapparel.com/privacypolicy (the “Privacy Policy).

Each time you access or use the Site, you accept these Terms and any additional terms that will apply to you. If you do not agree with the Terms, do not use the Site.

The Site is considered a general audience site and is not intended to be used by children to browse or purchase products. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian.

You must ensure that your access to the Site is legal in each jurisdiction in or through which you access, view or otherwise use the Site.


Your Information, Registration, and User Accounts.

You are not required to establish an account in order to access the Site. However, in order to access some of the resources the Site has to offer and to make purchases, you may be required to be or become a registered user. To establish a Site account, you will be asked to provide registration details, which you agree to input, update, and maintain accurately and completely so long as you are a registered user. You represent and warrant that you are authorized to provide all the information you provide upon registration for your Site account. It is a condition of use of the Site that all the details you provide be correct, current, and complete. If we believe, in our sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account or cancel any order you may have placed.

During the registration process, you will be asked to select a username and password. We, in our sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or maybe protected by trademark or other proprietary laws, violates intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR USE OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES (INCLUDING, WITHOUT LIMITATION, PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.  WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.

 

Prohibited Uses; Investigations.

In using the Site you agree not to:

  1. disrupt or interfere with the security of, or otherwise abuse, the Site or any material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or any material, or affiliated or linked websites;
  2. access, tamper with, or use non-public areas of the Site, and you acknowledge that unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
  3. frame the Site within another website or webpage; or
  4. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site.

We reserves the right to investigate suspected violations of these Terms. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting, or upload, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these Terms.

YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS, OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A RELEASEE OR LAW ENFORCEMENT AUTHORITIES.

 

Product and Pricing Information

Although Alta Gracia has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Alta Gracia cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Alta Gracia is not responsible for typographical errors regarding price or any other matter. Likewise, Alta Gracia does not warrant the accuracy of customer product ratings, comments or feedback


Product Availability.

We reserve the right to limit the quantity of items purchased and to change and update information.  We cannot guarantee that any product listed on the Site will be in stock or remain available. Further, we may discontinue or otherwise cease offering a product at any time, in our sole discretion. If a product is not available at the time you place your order, either because the product is permanently or temporarily (e.g., on back-order) unavailable, or if a product is permanently unavailable, we will cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies.


Purchases.

You represent and warrant that you are at least 18 years of age prior to purchasing products. As stated above, our acknowledgement of an order is not acceptance of an order and we may reject or cancel an order at any time. All purchases are subject to, and you agree to pay, all charges and losses incurred in connection with your purchase, including all applicable taxes, and shipping.

You must provide valid, authorized payment card information the time of your transaction. The amount of your purchase, including all related fees, will be authorized on your credit card at the time of your transaction and the funds will be reserved for payment of your purchase. However, the amount is only charged when your order is ready to leave our warehouse. You represent and warrant that you have the right to use any credit card that you use in connection with a purchase on the Site.

If you have registered for a Site account, you may purchase products through your Site account. When you place a product in the shopping cart on the Site, you will be prompted to enter your Site account log-in information. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Site account or during checkout. You will subsequently receive acknowledgement of the order or a receipt by email to the email address associated with your Site account.

If you do not have a Site account, you may purchase products as a guest, without logging in, by providing payment, shipping, and related information as requested by us at the time of purchase. Each time you make a purchase in this manner, you must provide us with accurate contact information so we may contact you regarding your purchase, if necessary, and you must agree to these Terms and any other applicable terms.

You agree that the we disclaim all consequential damages and our liability related to the products is the amount paid for such products. You agree that the Exclusion of Warranties set forth in these terms and the limitations of liability set forth in these Terms apply to all products that you purchase through the Site. In addition, you agree to indemnify, defend, and hold harmless Alta Gracia from and against any third party claims in connection with your purchase of products through the Site or use of products purchased through the Site.


Pricing and Shipping.

Prices on the U.S. website (www.altagraciaapparel.com) are in U.S. dollars. Currency varies according to the location from which the Site is accessed. Prices and billing methods are subject to change at any time, effective immediately upon publication. You will be responsible for any and all duties, customs and related fees for purchases originating outside of the U.S.


Cancellations and Returns.

To the fullest extent permitted by law, we may, in our sole discretion, choose to cancel your order in certain circumstances (even if you received an automated confirmation). This may occur, for example, when information on the Site is found to be inaccurate, the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate.

If you wish to change or cancel your order for any reason, you must contact the us by using the contact details provided on the Site or by email at info@altagraciaapparel.com. Change or order cancellations cannot be guaranteed once the order is placed. If you wish to return a product, you can return the product within forty-five (45) days after the date of shipment in accordance with our published return policies accessible at the bottom of the Site.

If you have any problems with your order, please contact us within forty-five (45) days to resolve the issue.

We offer full refunds for new, unused merchandise within forty-five (45) days of the original purchase date.

At times, heavily discounted items may be marked as FINAL SALE. These items will not be eligible for returns.

 

Exclusion of Warranties.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. We make no representations or warranties regarding the condition of or access, function, and performance of the Site, or the suitability, accuracy, reliability, completeness, currency, quality, timeliness or usefulness of any of the foregoing, or that use of the foregoing will be uninterrupted or error-free.

We do not represent or warrant that the Site or the information or materials will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected. We are not responsible for any reliance you may place, in whole or in part, on the Site, the material, and any such use or reliance is at your sole risk.

THE WEBSITE AND ALL MATERIAL OR INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT. TO THE FULL EXTENT PERMITTED UNDER LAW. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER RELATING IN ANY WAY TO YOUR USE OF OR RELIANCE ON THIS WEBSITE (OR ANY CONTENT THEREOF OR THEREIN), WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These exclusions are in addition to any specific exclusion otherwise provided in the Terms. To the extent that the jurisdiction to which you are subject to does not allow the exclusion of certain warranties, such exclusions which are not permitted do not apply.


Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE UNDER ANY THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE (INCLUDING LOST PROFITS), ARISING FROM ANY USE OF, OR INABILITY TO USE, THE SITE, OR THE MATERIAL, INFORMATION, OR OTHER CONTENT ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSSES ARISING OUT OF OR RELATING TO THE SITE, OR THE MATERIAL, INFORMATION, OR OTHER CONTENT ON THE WEBSITE,, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, OR OTHERWISE OF ANY TYPE EXCEED THE LESSER OF ONE HUNDRED DOLLARS (USD $100) OR THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT(S). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.

Your sole and exclusive remedy is to discontinue using and accessing the Site.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.


Indemnity

You agree to defend, indemnify and hold Alta Gracia, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.


Ownership and Confidentiality.

Except as otherwise expressly noted, we or our licensors (as applicable) own all right, title and interest in and to all material, and the Site (including, but not limited, the selection, arrangement and organization of any part or content of the Site) (collectively, the “Intellectual Property”), and all copyright, trademark, service mark, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. We do not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks (collectively, “Marks”) displayed on the Site are registered or unregistered Marks of Site Owner, its affiliates or its licensors, and may not be used without our written authorization or license of the owner of such Marks. Without our express written consent in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, or use the material or Marks, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by these Terms.


Copyright Complaints

Alta Gracia respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Alta Gracia’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact the complaining party;
  • a statement that the complaining party has 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; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement and counter-notices should be directed to:

By mail:
AG Triada, LLC (a/k/a Alta Gracia Brands)
Attn: Rebecca W. Holderread
2135 Defors Hill Road NW, Suite I
Atlanta, GA 30318

By email: info@altagraciaapparel.com


Hyperlinks.

This Site may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. We have not reviewed and do not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and do not assume any responsibility for any such other websites, information or materials posted thereon, or products or services offered thereon.

Alta Gracia, our affiliates and their respective agents, administrators and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.


Notice for California Users.

Under California Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445 1254 or (800) 952 5210.


Reservation of Rights.

All rights not expressly granted in these terms are reserved by us. Nothing contained in these terms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Alta Gracia or any other person or entity.


Governing Law.

These Terms shall be governed by the laws of the State of Georgia, without regards to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state or federal court located in the Georgia, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.


General Terms.

These Terms constitute the entire agreement between you and Alta Gracia and govern your use of the Site, and they supersede any prior agreements between you and Alta Gracia. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Alta Gracia may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Alta Gracia’s sole discretion you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between Alta Gracia and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to Alta Gracia or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of Alta Gracia to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without Alta Gracia’s express written consent. The Terms inure to the benefit of Alta Gracia’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.

We may modify, alter, or otherwise update these Terms and additional terms and conditions applicable to the Site, including eliminating or discontinuing any content on or feature of the Site, or changing any fees or charges for use of the Site or product or services available on the Site, at any time by updating this posting. We will provide additional notice in advance if material changes are being made to these Terms, which we may provide by any means permitted under applicable law (e.g., a disclaimer on our Site or an email to subscribers). Your continued use of the Site after such notice shall be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. You agree to review these Terms each time you access and use the Site and to be bound by such terms of use as are in effect at the time when you access the Site.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please contact us by email at info@altagraciaapparel.com or at the following address:

AG Triada, LLC (a/k/a Alta Gracia Brands)
Attn: Rebecca W. Holderread
2135 Defors Hill Road NW, Suite I
Atlanta, GA 30318