General Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.This Site is provided as a service to our customers. By accessing and browsing this Site you accept, without limitation or qualification, the following Terms and Conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this Site.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice by updating this page. You agree to be bound by such revisions. For this reason, we request that you review these Terms and Conditions each time you use the Site.
Use of the Site
By accessing and browsing this Site you agree not to use the Site so as to violate any law, or to misuse the proprietary information or property of others for his/her own purposes or otherwise.
User shall not do any of the following:
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state or national law.
Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful content.
Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder.
Falsify information provided to Street Car 1320.
Account sharing, including without limitation, letting third parties use your account and password.
Street Car 1320 considers the above practices abuse of the Site and our services. Engaging in one or more of these practices may result in the termination of the User's account.
Nothing contained in this policy shall be construed to limit Street Car 1320’s actions or remedies in any way with respect to any of the foregoing activities, and Street Car 1320 reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, all rights and remedies available to it at law or in equity.
Trademarks and Copyrights
The entire content included in this Site, including but not limited to designs, photographs, illustrations, images, icons, text, video clips, animations and the copyrights, trademarks, trade dress and/or other intellectual property are owned, controlled and/or licensed by Street Car 1320. Any other trademarks appearing on the Site are the trademarks of their respective owners and are used with permission. All trademarks, logos, and service marks displayed on the Site are copyrighted works, trademarks and or registered trademarks of Street Car 1320 and others. Your use of the trademarks displayed on the Site is strictly prohibited without written permission from Street Car 1320.
The Site and its contents are intended solely for personal, non-commercial use. You may download or copy content and other materials displayed on the Site for your own personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such copying or downloading. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content or the Site itself. You agree not to change, modify or delete any copyright or trademark notices from content downloaded from the site.
Any images of people used on this site are used with permission or in accordance with applicable law. Reuse of these images without permission may violate the privacy and publication rights of those individuals and is strictly prohibited.
Nothing contained on this Site should be construed as granting any license or right to use any trademark without the prior written permission of Street Car 1320.
Street Car 1320 reserves the right to revoke or suspend these permissions at anytime without reasonable notice.
Limitation of Liability
The materials on the Site are provided "as is" without warranties of any kind, either express or implied. Your use of this Site is at your own risk. Street Car 1320 shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of this Site, any information contained on the site, your or your company’s personal information or material and information transmitted to our site. Neither Street Car 1320 nor any third party or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from but not limited to any delays, inaccuracies, errors in, or omission of any information on the Site or the interruption of service to the Site.
Street Car 1320 makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding this Site.
Indemnification
You agree to defend, indemnify and hold harmless Street Car 1320 from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site and/or your breach of any representation, warranty, or other provision of this Agreement.
Typographical Errors
Occasionally there may be information on the Site that contains typographical errors or omissions that may relate to product descriptions, pricing, promotions and stock availability. Street Car 1320 reserves the right to correct any errors or omissions and to change or update information or cancel orders if any information on the Site is found to be inaccurate at any time without prior notice including after you have submitted your order. In the event we find an error in an order you have already completed the checkout process for we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Street Car 1320 reserves the right to cancel the order or delete the item(s) in question from the order. If we choose to cancel or modify your order, your account will be credited immediately for the price you were charged for the item(s) or the complete order in the event it is canceled.
Site Maintenance
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue this Site or any service, content, feature or product offered through the Site, with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product no longer offered offered through the Site.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
There is a $500.00 maximum shopping cart limit on the Site. If your order exceeds this limit please contact customer service for help in placing your order.
Colors
We make every effort to display and describe as accurately as possible the colors of our products that appear on the Site. However we cannot guarantee that your computer monitor's display of any color will be accurate.
If you have any questions regarding products before you order please contact customer service at customerservice@streetcar1320.com for help.
Care
Most of our shirts are made of 100% cotton. They may shrink about half a size when washed. Baby Doll/Fitted Tees may shrink about one full size when washed.
You must wash our shirts in cold water with similar colors and dry on low heat to minimize shrinkage and/or color bleeding. Color bleeding is more likely to occur on darker colors but turning them inside out and washing in cold water should prevent this.
Links to Third Party Sites and Services
Street Car 1320 provides links to sites and services operated by third parties. These links are provided purely for convenience and information for our customers. All the content in the Sites and pages that are linked to this Site do not belong to or are controlled by Street Car 1320 and are the property of their respective owners. Street Car 1320 makes no representation as to their content and has no responsibility for the linked Sites nor does linking constitute an endorsement of any linked Site. Even if the third party is affiliated with Street Car 1320, your access to the links is at your own risk. Your right to reproduce and use content linked to from this Site is subject to the Terms and Conditions that the respective owners may impose.
Dispute Resolution
With the high cost of litigation, not only monetarily but also in time and energy, both you and Street Car 1320 agree to the following dispute resolution procedure. In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it, the party asserting the Dispute shall first, in good faith try to settle the Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
Street Car 1320
Attn. Dispute Resolution
PO Box 42
Northfield, NJ 08225
or to you at your last used billing address or the billing and/or shipping address in your customer profile.
Both you and Street Car 1320 agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
Use of this website shall in all respects be governed by the laws of the state of New Jersey, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the New Jersey courts located in Atlantic County, New Jersey, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New Jersey, County of Atlantic. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Street Car 1320’s right to require strict adherence to each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Street Car 1320 relating to your use of this Site.
Termination
These Terms and Conditions are effective unless and until terminated by either you or Street Car 1320. You may terminate this Agreement at any time. Street Car 1320 may also terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. The provisions relating to Trademarks and Copyrights, Limitation of Liability and Indemnification, shall survive any termination.
Customer Submissions
Street Car 1320 is always pleased to hear from users and welcomes your comments regarding our products and services. We do however ask that users not send us unsolicited creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid misunderstandings when products developed or already in development by Street Car 1320 might seem to be similar to creative works submitted by users. While we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you secure any copyright, trademark and/or intellectual property rights to your idea before you contact us.
You agree that your submissions and comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Street Car 1320 or third parties as to the origin of any comments or submissions. You are solely responsible for any comments and/or submissions you make and their accuracy.