ÉPOQUE TERMS OF USE

AKA: MUTUAL COOPERATION FOR ULTIMATE HAPPINESS  (IN LEGALIZE WE CALL THIS "TERMS OF USE").

1. thank you for visiting époque évolution. our goal is your happiness without infringing on the happiness of our planet. we will do everything necessary to ensure that you have the finest experience with époque évolution and we value your input! to that end, these are our Terms of Use. these Terms of Use/Services govern all purchases of époque évolution clothing, accessories and other online products.  by ordering our products (please raise your right hand, just for fun, not actually required) you hereby solemnly agree to these Terms of Use.

 

2.PRIVACY

both your privacy and our transparency are important to us. Please refer to our Privacy Policy with regard to how information is collected, used and disclosed.

3.TRANSPARENCY

we are committed to transparency. this includes where we manufacture, and what fabrics we use. if you have a question - just ask and we will answer! 

4.ELIGIBILITY

you must be 13 or older to use our services. if you are so chic, cutting edge and conscientiously minded as to be interested in époque évolution clothing and accessories, but between the ages of 13 and 18 (or the age of legal majority where you reside), you may only purchase époque évolution goods or use our services under the supervision of a parent or legal guardian who agrees to be bound by and accepts our Terms of Use.  if you are using our services on behalf of another person or entity you are accepting these terms on their behalf and are responsible to us if said person or entity violates these terms.

 

5.YOUR ONLINE ACCOUNT AND ACCOUNT SECURITY

    

when you register for an online account with époque évolution, you shall provide accurate account information and update this information as it changes. you may not share your account credentials with others and must maintain your account security. if you suspect that someone has accessed your account without your permission, you must notify époque évolution immediately. 

 

6.TERMS OF SALE

 

firstly, thank you for shopping with époque évolution! we hope you will love our products and we are committed to excellent customer service.  this section applies if you purchase products using the services for delivery to locations in the United States. if you purchase products for delivery to jurisdictions outside of the United States

6.1 PAYMENT AND BILLING INFORMATION

by providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). if the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. you must resolve any problem that may be encountered to proceed with your order.  

6.2 PRICING AND AVAILABILITY 

prices do not include applicable taxes and other charges unless we state in writing that a price includes applicable taxes. all products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue our products without prior notice, even if you have already placed an order. prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.   

if the product you are interested in purchasing is not listed or is listed as “out of stock”, it is not currently available for ordering. please check back at a later time as our product inventory is subject to change.  

6.3 TAXES  

you are responsible for any sales, duty, or other governmental taxes or fees due with respect to your purchase of products. we will collect applicable sales tax if we determine that we have a duty to collect sales tax. all required taxes will be collected at checkout. tax charges may be adjusted as tax rates change and other changes.  

6.4  SHIPPING; RISK OF LOSS 

you agree to pay any shipping and handling charges shown at the time you make the purchase in accordance with our shipping policies available here.  we reserve the right to increase, decrease, add or eliminate shipping and handling charges, but we will provide notice of the charges applicable to you before you make your purchase. any delivery dates or times shown during the checkout process are estimates only and are not guaranteed. risk of loss or damage passes to you upon delivery of the products to your specified delivery location.  

6.5 Returns, Cancelling or Changing an Order.  

you may return or exchange any unused époque évolution products in accordance with our returns and exchange policy.

6.6. Errors:  

we are working hard to eliminate errors, but we are not perfect. therefore, we do not warrant that all product descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. in the event of an error on an order confirmation or processing for delivering the product, we reserve the right to correct such error and revise your order accordingly (including changing and correcting the price) or to cancel the order and refund any amount charged. if we do find such error, we will notify you as soon as possible as to the correction.  

 

7. USER CONTENT

 

our services and website may allow you to create, post, store and share content, including messages, texts, photos, videos and other materials (we shall collectively call this "user content"). except for the license you grant below, you retain all rights in and to your user content, as between you and époque évolution. 

you grant époque évolution a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your user content and any name, username or likeness provided in connection with your user content in all media post or otherwise share user content on or through our services.  you understand that your user content and any associated information such as your username and date of product review will be visible to the public. you may not create, post, store or share any user content that violates these terms or for which you do not have all the rights necessary to grant us the license described above. 

 

8.PROHIBITED CONDUCT AND CONTENT

 

you shall not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you were solely responsible for your content while accessing or using our services. you will not: engage in any harassing, threatening, intimidating, predatory, or stalking behavior; use or attempt to use another account without authorization from that user and époque évolution; use our services in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner; reverse engineer any aspect of our services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our services; attempt to circumvent any content filtering techniques we utilize or attempt to access any feature or area of our services that you were not authorized to access; develop or use any third-party applications that interfere with our services without our prior written consent, including any scripts designed to scrape  or extract data from our services; bypass or ignore instructions contained in our application files which control automated access to portions of our services; or use our services for any illegal or any authorized purpose, or engage in, encourage or promote any activity that violates these terms. 

 

you may only post or otherwise share user content that is non-confidential and you have all necessary rights to disclose. you may not create, post, store, or share any user content that: is unlawful, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; may infringe any patent trademark, trade secret, copyright or other intellectual or proprietary right of any party; contains or depicts any statements, remarks or claims that do not reflect your own views and experiences; impersonates, or misrepresents your affiliation with, any person or entity; references or depicts époque évolution or our products or services but fails to disclose material connection to us, if you have one, (for example, if you are or were an époque évolution employee); contains any unsolicited promotions, political campaigning, advertising or solicitations; contains any private or personal information of a third party without such third-party's consent; contains any viruses, corrupted data or other harmful, disruptive or distractive files or content; or the content, is, in our sole judgment, objectionable or restricts or inhibits any other person from using or enjoying our services, or that may expose époque évolution or others to any harm or liability of any type. additionally, we may screen, edit,  monitor, or remove user content at any time. 

 

9.FEEDBACK

 

please give us your feedback! we would love, honor and cherish it! please note that any questions, comments, suggestions, ideas, original or creative material you submit about époque évolution is non-confidential and will become the sole property of époque évolution. we will own exclusive rights, including, without limitation, all intellectual property rights and will be entitled to the unrestricted use and dissemination of feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

 

10.LIMITED LICENSE

 

our services and the graphics, text, images, videos, photographs, trademarks, trade names, illustrations, service marks, logos, slogans and other content contained herein (collectively known as the " époque content" or "our content") are owned by or license to époque évolution and are protected under both United States and foreign laws. except as explicitly stated in these terms, époque évolution and our licensors reserve all right in and to our services and the époque évolution content. you are granted a limited, non-sub licensable, nonexclusive, non-transferable, revocable license to access and use our content for your own personal use; however such license is subject to these terms and does not include any right to sell, resell or commercially use our content; reproduce copy, distribute, publicly perform or display époque évolution content, except as expressly permitted by us or our licensors; modify époque évolution content, remove any proprietary notices or markings, or otherwise make any derivative uses of our services for content; use any data mining robots or similar data gathering or extraction methods; and use our services or content other than for their intended purposes. and use of our content or services other than as authorized herein, without prior written permission, is strictly prohibited and will terminate the license granted herein. 

 

11.TRANSFER IN PROCESSING OF DATA

 

by accessing or using our services, you consent to the processing and transfer of information relating to you, in the United States and other countries, which may have less adequate data protection laws than those found in your country of residency. 

 

12.INDEMNIFICATION

 

by use of this site, you agree to indemnify and hold harmless époque évolution, including but not limited to, it's officers, directors, agents, subsidiaries, joint ventures, and employees, from any claim or demand, as well as losses expenses, damages and costs, including negligent or wrongful conduct arising out of or related to your use or misuse of our services; your user content or feedback; your violation of these terms; and your violation of any rights of another party. you agree to promptly notify époque évolution of any third-party claims and pay our fees, costs and expenses associated with defending such claims, including but not limited to attorneys fees. you further agree that époque évolution shall control the defense or settlement of any third-party claims. 

 

13.DISCLAIMERS THIRD-PARTY LINKS

 

to improve our site and our service to you, we may promote services provided by outside third parties. however, we do not control the services and make no representations regarding these persons or entities. we are not liable or responsible for the completeness, timeliness, reliability, accuracy, or availability of any goods or services provided by third-party sites. you use these third-party services at your sole risk. the services are provided without warrantees of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. likewise, we cannot warrant that our services or third party services are accurate, complete, current, reliable, or error-free. we cannot and do not represent or warrant that our services or servers are free of viruses or other harmful components. you assume the risk as to the quality and performance of the services. 

 

14.LIMITATION OF LIABILITY

 

époque évolution shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the products and services on the site or the performance of any of our products, even if époque évolution has been advised of the possibility of such damages. 

to the fullest extent permitted by applicable law, the total liability of époque évolution for any claim arising out of or relating to these terms, our services or products purchased through this site, regardless of the form of the action, is limited to the greater of the purchase price of the product giving rise to the claim or $100. 

 

15.DISPUTE RESOLUTION, BINDING ARBITRATION

 

except for any dispute arising out of or relating to a violation of section 8 regarding prohibited conduct and content or disputes in which époque seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you waive your right to a jury trial and your right to have any dispute arising out of or related to these terms, our services or products purchased through our services, resolved in court. instead, all disputes arising out of or relating to these terms, our services or products purchased through our services will be resolved through confidential binding arbitration in or near Oakland California, before and in accordance with the streamlined arbitration rules and procedures of the Judicial Arbitration and Mediation Services ("JAMS") which are available on the JAMS website and hereby incorporated by reference. you acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. 

you agree that any dispute arising out of or related to these terms, our services or products purchased through this site, store, or third-party dealer of our goods, is personal to you and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class-action or any other type of representative proceeding. 

you agree that these terms effect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and will grant any remedy that would otherwise be available in court; provided however that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these terms. the arbitrator my only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or represent a proceeding or preside over any proceedings involving more than one individual. you agree that for any arbitration you initiate, you will pay the filing fee and the remaining JAMS fees and costs. for any arbitration initiated by époque évolutionépoque évolution shall pay the upfront costs for arbitration however may receive reimbursement upon an arbitration award. you agree that the state or federal courts of the state of California in the United States sitting in Alameda county shall have exclusive jurisdiction over any appeals in the enforcement of an arbitration award.   

 

any claim brought by you regarding the terms of this agreement, our services or products purchased through our services, must be filed within one year after such claim arose; otherwise, your claim is permanently barred which means that you will not have the right to assert a claim. 

 

16.GOVERNING LAW AND VENUE

these terms and your access to and use of our services, including to purchase products, will be governed by and construed in accordance with the Laws of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California in the United States respectively, sitting in Alameda County. 

 

17.AMENDED TERMS

we shall make changes to these terms periodically. the amended terms will be effective immediately and your continued access to and use of our services will confirm your acceptance of the changes. 

 

18.TERMINATION

we reserve the right, without notice, to terminate your right to use or access our services. we are not responsible for any loss or harm related to your inability to access or use our services. 

 

19.SEVERABILITY

if any provision or part of a provision of these terms is unlawful, void or unenforceable, that provision or part of the provision shall be severable from these terms and does not affect the validity or enforceability of any remaining provisions. 

 

20.CONCLUSION

these terms constitute the entire agreement between you and époque évolution relating to your access and use of our services. our failure to exercise or enforce any right or provision of these terms will not operate as a waiver of such right or provision. the section titles in these terms are for convenience only and have no legal or contractual effect. these terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. thank you for taking your time to read and understand these terms.