Terms and Conditions
TERMS AND CONDITIONS
This is a legal contract and agreement ("Agreement") between you and the MANIFEST STUDIO LLC. By accessing, browsing, and using this website ("Site") to purchase garments and other products ("Merchandise"), you (i) acknowledge that you have read, understand, and accept the terms and conditions of this agreement and (ii) agree that such terms and conditions are a legal contract by which you are bound and which govern the purchase of merchandise by you from MANIFEST STUDIO LLC.
If for any reason you do not agree with and accept all the terms and conditions of this agreement you should discontinue using this site for purposes of purchasing our merchandise.
As discussed below, MANIFEST STUDIO LLC reserves the right to change or amend this agreement at anytime.
All intellectual property on this site (except for user generated content) is owned by MANIFEST STUDIO LLC. This includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, and trade names are trademarks or registered trademarks of MANIFEST STUDIO LLC unless otherwise noted. All content on this website (except for user generated content), including but not limited to text, software, scripts, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and other copyright laws and is the proprietary property of MANIFEST STUDIO LLC.
Website Use and Restrictions
Limitation of Liability
The liability of MANIFEST STUDIO LLC arising from the supplying or selling of the merchandise, or its use by you or your customer, and whether based upon breach of contract or warrant, tort (including negligence or strict liability), or otherwise, shall not in any event exceed the purchase price of the merchandise. The remedies set forth above shall constitute the sole and exclusive remedy of you and the sole and exclusive liability of MANIFEST STUDIO LLC whether the claims are based on contract, warranty, tort (including negligence or strict liability), or otherwise. Under no circumstances shall MANIFEST STUDIO LLC be liable to you or your customer for any special, consequential, incidental, or punitive damages, whether based upon lost goodwill, lost resale profits, work stoppage, property damage, loss of use, expenses of recall, or otherwise.
This agreement sets forth the entire agreement of the parties with respect to subject matter. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. MANIFEST STUDIO LLC may change this agreement at any time without notice by updating the site and at which time the changes are effective immediately. By using this site for purposes of purchasing merchandise you agree to be bound by any such changes. You should periodically visit the site and this page to determine the current and applicable terms and conditions of which you are bound.
Applicable Law and Venue
If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MANIFEST STUDIO LLC failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. This agreement may be assigned in whole or in part by MANIFEST STUDIO LLC. This agreement may not be assigned in any manner by you without the express, prior permission of MANIFEST STUDIO LLC. This agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in San Bernardino County, California (the "California Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this agreement except in the California Courts, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
If any provision of these terms and conditions shall be ruled unenforceable the remainder shall be enforced to the extent permissible.