Terms & Conditions

THIS INTERNET WEBSITE IS THE PROPERTY OF DESIGNS BY SOUL, LLC (THE “COMPANY”).  THE COMPANY PROVIDES ACCESS TO THIS WEBSITE SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AS WELL AS THE STORE POLICIES LISTED ON THIS WEBSITE. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND THE COMPANY (“AGREEMENT”) THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND THE COMPANY WITH RESPECT TO YOUR USE OF THIS WEBSITE. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.

TRADEMARK AND COPYRIGHT INFORMATION

All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, merchandise, designs, materials, audio, video, photographs, illustrations, links, digital downloads, data compilations, and software (collectively, the “Content”) is owned, controlled by, or licensed to the Company or, as applicable, its affiliates, and is protected by copyright, trademark, and other intellectual property rights. As between you and the Company, the Company owns the website, all Content on the website, and the look and feel, design and organization of the website. This includes all intellectual property and proprietary rights in these materials. When you use or download the website you do not acquire any ownership of any such Content.  Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of the Company in each instance. Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any Content on the website. Your failure to comply with these terms will constitute breach of contract and will violate the Company’s copyright, trademark and other proprietary rights.  

NO LICENSE

Nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, copyright, or other proprietary rights of the Company.

PERSONAL INFORMATION

Personally identifiable information relating to you collected on this website will be collected, used, maintained and disclosed in accordance with the Company’s privacy policy which is set forth in the Store Policies section of this website.  

NO WARRANTIES

The Company makes no warranties regarding the performance, use or operation of this website or any merchandise or materials sold or distributed herein.  The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, merchandise, documents, programs, product, books, or services included on or through this website.  All merchandise is sold “as-is” and “as available” we are not responsible for any damages you may incur as a result of your purchase or use of any items sold by the Company. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.  

LIMITATION OF LIABILITY

You agree to absolve the Company and its members, officers and affiliates of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and purchase of merchandise sold on this website.  You agree that the Company and its members, officers and affiliates shall not be liable to you for any type of damage, including direct, indirect, special, incidental, equitable or consequential loss or damages for use of this website or purchase of merchandise sold on this website.  The information, software, products, and services included or available through the website may include inaccuracies, typographical errors or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website or any related website is inaccurate at any time without prior notice (including after you have submitted your order). The Company and/or its suppliers may make improvements or changes in the website at any time and we have no obligation to update any information on our site.  The Company and its members shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of any products sold or advertised on this website.  We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction.  We reserve the right to limit the quantities of any products at any time.  The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics on the website for any purpose.  To the maximum extent permitted by applicable law, all such information, software, products, merchandise, services and related graphics are provided “AS IS” without warranty or condition of any kind.  The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to the information, software, products, merchandise, services and graphics including all implied warranties or conditions or merchantability, fitness for any particular purpose, title and non-infringement.  To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct or indirect punitive, incidental, special consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits. 

WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.  NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

THIRD PARTY SITES

THE COMPANY HAS PROVIDED LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (COLLECTIVELY, THE “THIRD PARTY SITES”) AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER THE COMPANY, ITS PARENT OR THEIR RESPECTIVE AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS WEBSITE, THE COMPANY AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, THE COMPANY AND THE THIRD PARTY SITES.

THE COMPANY, ITS AFFILIATES, AND ITS MEMBERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.

VOID WHERE PROHIBITED

Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliated companies, officers, directors, members, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation by you of any of these Terms and Conditions as well as the store policies of the Company as stated on this website.  The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

JURISDICTION AND VENUE

You agree and acknowledge that your use of this website, and all transactions occurring in connection with this website, shall be deemed to have occurred and taken place solely in the state of Maryland, USA.  English shall be the language of this website and you waive any right to use and rely upon any other language, or translations.  All issues and questions concerning the construction, validity, interpretation and enforceability of the terms and conditions set forth herein shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any conflict of law principles. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Baltimore, Maryland.

MISCELLANEOUS

In the event that any of the provisions of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

The Company may modify these terms and conditions from time to time. You agree to be bound to the modifications and should therefore periodically visit this page to review the current terms and conditions to which you are bound.

TERMINATION

The Company may change, suspend or discontinue any aspect of the website at any time. If you violate any of the terms and conditions set forth herein, your permission to use the website automatically terminates.

Please refer to our Store Policies for additional information.

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