Website Terms & Conditions Of Use

1. TERMS & CONDITIONS OF USE

By visiting, navigating, or otherwise using Urth Apparel Inc.’s (“Urth”) website (the “Website”), including browsing or purchasing our products, subscribing to our Website, or otherwise interacting with the Website, you agree to comply with the following Terms & Conditions of use. Urth reserves the right to amend and revise these Terms & Conditions from time to time at Urth’s sole discretion. These Terms and Conditions constitute a legally binding agreement between you and Urth with respect to your interaction with the Website.

2. NO WARRANTY

Content on this Website is being provided “AS IS” and without any warranty of any kind, including, without limitation, warranties of merchant ability or fitness for any particular purpose.

3. LINKS TO OTHER SITES

In the event you click on, or use, any external link appearing on the Website, you understand that you will be redirected away from the Website. These links are provided solely for convenience and Urth is not responsible for the content or policies of any linked website.

4. COPYRIGHT AND TRADEMARK NOTICE

Unless otherwise specified, all materials appearing on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement of the Website, are the sole property of Urth and protected by intellectual property laws. You may use the content of this site only for the purpose of transacting on the Website and for no other purpose. No images or other materials appearing on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission from Urth. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

5. INTELLECTUAL PROPERTY POLICY AND REPORTING

Urth respects the intellectual property rights of others and takes claims of copyright and trademark infringement seriously. We will respond to notices of alleged infringement that comply with applicable law. If you believe any materials accessible on the Website infringe your copyright or trademark, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright and Trademark Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the United States’ Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice for copyrights (the “DMCA Notice”) must include substantially the following and the same information should be provided with respect to content that may infringe on trademark rights of others:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work (or trademark) you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  5. A statement that you have a good faith belief that use of the copyrighted material (or trademark) is not authorized by the copyright/trademark owner, its agent, or the law;
  6. A statement that the information in the written notice is accurate;
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright/trademark owner.

Our designated Copyright/Trademark Agent to receive Notices is:

Albert J. Soler, Esq.
Soler Legal LLC
76 E. Euclid Ave.
Suite 101
Haddonfield, NJ 08033
[email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

6. PRIVACY

Urth and Urth affiliates strive to maintain any personal information collected from you while visiting the Website as secure as possible. When you make a purchase from our Website, you may be asked to provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize the shopping experience. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Website. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us. You may unsubscribe from any Website news list or subscriber benefits by following the unsubscribe instructions in any email received. Please review Urth’s complete Privacy Policy by clicking on the “Privacy Policy” link available on our Website.

7. URTH COMMUNITY AND FORUM OR BLOG

  1. The content of the Website and any Community Forum and Blog (collectively, the “Forum”), where applicable, including text, graphics, images, information, Forum users’ comments and information, and any other content appearing on the Website or Forum are for informational and or entertainment purposes only.
  2. BY INTERACTING WITH THE WEBISTE, THE FORUM, OR THE BLOG YOU UNDERSTAND AND ACKNOWLEDGE THAT THE WEBSITE, THE FORUM, AND/OR BLOG DO NOT PROVIDE MEDICAL ADVICE OF ANY KIND: THE CONTENT OF THE WEBSITE, FORUM, AND BLOG, INCLUDING TEXT, GRAPHICS, IMAGES, INFORMATION, FORUM USERS’ COMMENTS AND INFORMATION, AND ANY OTHER CONTENT APPEARING ON THE WEBSITE, FORUM, OR BLOG ARE FOR INFORMATIONAL AND OR ENTERTAINMENT PURPOSES ONLY. THE CONTENT APPEARING ON THE WEBSITE, FORUM, OR BLOG (AUTHORED BY URTH OR AUTHORED BY ANY MEMBER OR FORUM OR BLOG USER) IS NOT INTENDED TO CONSTITUTE, AND DOES NOT IN ANY WAY CONSTITUTE, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS IMPORTANT THAT ALL USERS ALWAYS SEEK THE ADVICE OF A MEDICAL PROFESSIONAL, DOCTOR, OR ANY OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY ISSUES AND/OR QUESTIONS RELATED TO ANY MEDICAL CONDITIONS, INCLUDING ANY MEDICAL ISSUES RELATED TO NEWBORNS, BABIES, AND PEOPLE GENERALLY. DO NOT BASE ANY MEDICAL DECISIONS BASED ON ANYTHING YOU MAY HAVE READ ON THIS FORUM OR ANY OTHER FORUM IN GENERAL. IN CASE OF A MEDICAL EMERGENCY, ALWAYS CONTACT 911.

8. NO OFFENSIVE CONDUCT OR INAPPROPRIATE IMAGES

User of the Forum is public and the information you disseminate is public. Urth expects all users of the Website or Forum to conduct themselves respectfully and to refrain from offensive or inappropriate behavior. Urth reserves the right to block or permanently ban any user engaging in any type of offensive behavior, including the use of offensive language or offensive comments toward a fellow member. Urth reserves the right to immediately remove or delete any post, comment, photo, upload, or any user submissions which Urth deems offensive, including offensive images, pornography, sexually explicit material, hateful comments, or any other content which may give rise to any civil or criminal liability under both applicable domestic and international laws.

9. USER SUBMISSIONS

  1. By using the Website or Forum, you agree that you will not send, transmit, upload any content, images, or communications that infringe or violate any rights whatsoever of any third party. By uploading, commenting, or submitting information to the Website or Forum, you agree that such submission and content is non-confidential and appropriate for public consumption. Any submission involving user business information, ideas, concepts, inventions, or any other type of user submission is non-confidential for all purposes. If you wish to keep any business information, idea, invention, or concepts private or proprietary, do not submit them to the public on the Website or Forum.
  2. By uploading media such as photo or video, you (i) grant Urth a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, (ii) certify that any person pictured in the media (or if a minor his/her parent or guardian) authorizes Urth to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute such media, and (iii) you agree to indemnify Urth and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees arise from the submission of such media and/or your failure to comply with these Terms and Conditions. Urth may remove and/or delete any user submissions at any time and without notice. The Forum is a public area and you are solely responsible for your own communications, uploads, and other submissions. As such, you are responsible for the consequences of your actions and your participation on the Forum. Urth is not responsible in any manner for the consequences of any communications you submit in the Forum.

10. NO ADVERTISEMENTS OR SOLICITATIONS

You may not use the Forum to place unauthorized advertisements and/or solicitations of any kind. If you are interested in advertising with Urth on the Website, please contact us.

11. PRIVACY AND CHILDREN

Urth does not intent to solicit or collect Personal Information from any person under the age of 18. If you are under the age of 18, do not enter or otherwise provide any information whatsoever on this Website or engage in any services (or purchase products) on the Website. If you believe your child under the age of 18 may have entered personal information, please contact Urth at [email protected] to have the data removed and terminate the minor’s account. Please refer to Urth’s “Privacy Policy” available on the Website for additional information.

12. INDEMNITY & RELEASE

BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD URTH, ITS DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, LICENSORS, AFFAILITES, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIM, ACTIONS, OR DEMANDS, LIABILITIES, AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS AND CONDITIONS. IF YOU HAVE A DISPUTE WITH ANY OTHER FORUM USER(S), YOU RELEASE DNDS (AND OUR AFFILIATES, THIRD PARTY SITES, OFFICERS, DIRECTORS, EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES OF ANY KIND ARISING FROM OR CONNECTED WITH SUCH DISPUTE.

13. DISCLAIMERS

WHILE URTH HAS MADE COMMERCIALLY REASONABLE ATTEMPTS TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED ON THE WEBSITE, THE WEBSITE AND ALL CONTENTS ARE HEREIN PROVIDED “AS IS” AND THEREFORE WITHOUT WARRANTY OF ANY KIND, AND AS SUCH, URTH IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF ANY INFORMATION OR CONTENT APPEARING ON THE WEBSITE. URTH IS NOT LIABLE FOR ANY LOSS, COST, OR DAMAGE OF ANY KIND, INCLUDING INDIRECT OR CONSEQUENTIAL, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WHICH MAY ARISE AS A RESULT OF YOUR USE OF, OR INABILTY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN (INCLUDING ANY THIRD-PARTY WEBSITE OT WHICH URTH’S WEBSITE MAY BE LINKED).

14. GOVERNING LAW

When you purchase merchandise on our Website or interact with our Website, you agree and acknowledge that the laws of New York shall govern all issues and matters arising out of, or in relation to these Terms & Conditions (without giving effect to New York’s conflict of law principles), including, but not limited to, their validity, interpretation, performance, enforcement, and construction. You also agree that any dispute, case, controversy, or issue related to these Terms & Conditions shall be brought solely in New York, New York.

Last Updated July 2020.