Terms and conditions

TERMS OF USE AGREEMENT

This Terms of Use Agreement is effective as of May 01, 2019

PLEASE READ THE TERMS OF USE AGREEMENT THOROUGHLY AND CAREFULLY

Terms of Use

This Terms of Use Agreement pertains to https://www.santeroapparel.com/. Together with our Privacy Policy, this Terms of Use Agreement (collectively this "Agreement” or "Terms of Use"), represents the legally binding agreement between Santero  and you in connection with your use of this website and any and all content, information or materials available at www.santeroapparel.com  (or any additional, substitute or replacement websites of ours). You affirm that you are eighteen (18) years of age or older and are fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Use. 

BY USING THIS WEBSITE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY ALL THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE. DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS OF USE.

Privacy Policy

Santero has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and is hereby incorporated into the Terms of Use. Your use of this website is also governed by privacy policy.

Permitted Use

We hereby grant to you a limited, revocable, non-transferable right to use this website for your personal, non-commercial use, with no other rights or interest in this website attached thereto. The term "use" includes, without limitation, access to this website, registering, browsing, making purchases, obtaining customer service and using the features and functions of this website.

Registration

While registration to use this website is not necessary, nevertheless, in order to use certain features and functions of this website, you may need to create a password-protected account. Additionally, as a registered account holder, you are automatically entered in our database as "accepts email marketing." You can always unsubscribe or opt-out from our newsletters or email marketing to you at any time. To do this simply click "unsubscribe" at the footer of any email we send or contact us directly by email. You are solely responsible for safeguarding your login identification and password at all times and shall keep your password secures at all times. You shall be solely responsible for all activity that occurs on your account and you shall notify Santero immediately of any breach of security or any unauthorized use of your account. Similarly, you shall never use another’s account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of this website. You hereby acknowledge and agree that Santero will not be liable for your losses caused by an unauthorized use of your account. Notwithstanding the foregoing, you may be liable for the losses of Santero  or others due to such unauthorized use. Keep your login information safe, and let us know if someone breaches your account. We are not liable for problems that result from someone breaking into your account.

Ownership Rights

This website is proprietary to Santero  and we either own or have the right to use all intellectual property on this website, including, without limitation, all names, logos, brands, trade names, service marks, and/or trademarks which appear on this website, as well as all of the icons, characters, artwork, designs, images, graphics, music, games, text, wallpaper, photographs, sound, messages, software, databases and all copyrightable or otherwise legally protected elements of this website including, but not limited to, the selection, sequence, arrangement of items, the "look and feel" ("content"), and all programming, codes, scripts in any form and format associated with or applicable to this website ("code"). This website, including all content, codes and any other protectable content, information, materials and elements of this website are protected by copyright and other intellectual property laws of the United States and the State of California. You agree that you will not make any unauthorized use of this website’s content.

Third - Party Content and Websites

This website may contain references, URLs, links and other material related to or associated with websites, content, information and/or material of third parties. In addition, third party websites may host and display our branded social media fan pages. We do not control or monitor any such third party sites and/or content of thereof. Further, we are not responsible for any third party website or contents thereof as these third parties are solely responsible for their websites, content, information, materials, etc.

Pricing, Availability, Ordering and Shipping

You acknowledge and agree there may be unintentional inaccuracies, omissions or errors regarding price, offers, descriptions, promotions, availability or other matters posted on this website. Except as provided by law, we will not be held liable for these inaccuracies, provided, however, we will use our best efforts to promptly address any such inaccuracies once the same are brought to the attention of an authorized representative of Santero. We reserve the right, in our sole discretion, to limit the quantity of items purchased, to change and update information regarding the item and prior to shipment, to cancel any submitted order(s) even if an order is confirmed by automatic email confirmation or otherwise. Product information is for informational purposes only and we cannot guarantee what you see on this website accurately displays the item in every respect and/or all specifications (including colors) of the item in every case. Please be aware that in all cases, items may be out of stock, discontinued or not available in your area and prices are subject to change.

Modifications to Terms of Use and/or Privacy Policy

We reserve the right, in our sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and we will post notice of the changes and the amended Terms of Use on our website. It is your responsibility to review the Terms of Use for any changes. Your use of this website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

Modifications to Website

We reserve the right, in our sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website.

Postings

Portions of this website may provide you with the opportunity to post or display ("Post") information, opinions, testimonials, etc. In the event you elect to Post on this website, you grant us an irrevocable, worldwide, royalty-free, unconditional and unrestricted, perpetual right and license to use your Posting, in any form or format, through any medium, in whole or in part. You forever waive and relinquish all rights to your Posting. You have no expectation of or right to privacy with regard to any Posting. You represent and warrant that: (a) each Posting will be original to you; (b) will not violate this Agreement nor violate the rights of any other party or any law or regulation; (c) will not be harassing, obscene, libelous, tortious or otherwise unlawful, nor intended to injure, defame or cause damage or hurt of any kind to any other party; and, (d) may be used by us as permitted in this Agreement, without notice, royalty or any other payment, liability or obligation of any kind whatsoever. Postings are the sole responsibility of the person from which a Posting originated and a Posting made under your account will be attributable to you and you will be responsible, even if you personally did not make the Posting. We reserve the right to delete, reformat and/or change your Postings in any manner that we may determine in our sole discretion and/or revoke your right to use this website. Postings do not reflect the views of Santero.

Disclaimer of Warranties

You agree that your use of this website shall be at your own risk. To the fullest extent permitted by law, Santero and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website relating to the use of the website or the equality, suitability, truth, accuracy or completeness of any data, materials, submitted content, and any information or material contained or presented on this website. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an "as is," "as available" and "where-is" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Santero does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of the website or any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website. Santero  does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. Santero  will not be a party to or in any way be responsible for monitoring any transaction between you and any third party. As with the use of website and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

In no event shall Santero, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) access to or use of the website or any products or services offered by any third party via the website; (b) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content; (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (d) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; (e) any interruption or cessation of transmission to or from the website; (f) any errors or omissions in any data, content, information, materials or substance of the website or submitted content; (g) any defamatory, offensive, or illegal conduct of any third party; or (h) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Santero is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

in no event shall the total aggregate liability of Santero, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of the lesser of (a) one hundred fifty dollars (USD $150.00) or (b) the total amount of purchases (including taxes and shipping and handling) from this website in the past six (6) month period immediately preceding the occurrence on which the claims based.

you hereby acknowledge and agree that Santero  shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The website may contain links to third party websites that are not owned or controlled by Santero. Santero does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Santero will not and cannot censor or edit the content of any third party site. By using the website, you expressly relieve Santero from any and all liability arising from your use of any third party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third party website that you visit, including those directed by the links contained on the website.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the above sections herein may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Santero, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from your:(a) use of, access to, and participation in the website; (b) violation of any provision of the terms of use, including without limitation the privacy policy; (c) violation of any third party rights, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or (d) any claim that your submitted content (if any) caused damage to a third party. This defense and indemnification obligation will survive these terms of service and your use of the website.

We reserve the right to assume the exclusive defense and control of any such claim to which we are entitled to indemnity and you agree to fully cooperate with us in the defense thereof and any settlement, compromise or negotiations, as requested by us.

Termination

You hereby acknowledge and agree that Santero, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your website account, block your email or IP address, cancel the website or otherwise terminate your access to the website, immediately and without notice, for any reason, including without limitation, account inactivity or if Santero believes or has reason to believe that you have violated any provision of the Terms of Use or Privacy Policy. In such event, we shall not be liable for any problems arising from your account’s cancellation. You may cancel your account, use of this website and/or terminate the Terms of Use Agreement with or without cause at any time.

Notice

You agree that Santero may provide you with notices, including those regarding changes to the Terms of Use Agreement and the Privacy Policy, by email, regular mail, or postings on this website.

Governing Law

The Terms of Use and all documents incorporated by reference herein shall be governed in all respects by the laws of the State of California, without reference to its conflict of law provisions. You agree that any claim or dispute you may have against Santero  in connection with this website must be resolved by an action brought against in Los Angeles Superior Court, Los Angeles, California or the United States District Court, Central District of California located in Los Angeles, California. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, Los Angeles, California or the United States District Court, Central District of California located in Los Angeles, California for the purpose of litigating all such claims or disputes. You hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device and any claim arising out of, relating to or connected with this Agreement, or your use of this website, must be asserted individually.

General Provisions

The Terms of Use Agreement, together with the Privacy Policy and any other legal notices or additional policies published by Santero on this website, shall constitute the entire agreement between you and Santero concerning this website and supersedes any and all prior or inconsistent terms and conditions. If any provision of the Terms of Use Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. No waiver of any provision of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term and Santero failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. We have the right to obtain equitable relief from a court of competent jurisdiction, including, but not limited to, without limitation, injunctions, restraining orders, and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient. The section headings in the Terms of Use Agreement are for convenience only and have no legal or contractual effect.

Contact Us

If you have any questions concerning these Terms of Use and/or the use of this website, please contact us by using any of the methods shown on our “Contact us” page. When contacting us by email, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) so that we may expedite your response.

The Terms and Conditions were Last Updated on: November, 08, 2020