Terms

Welcome to IncognitoWearIX.com.  These Terms & Conditions of Use apply to the website located at www.IncognitoWearIX.com and to all other websites, mobile sites, services, applications, platforms and tools where these Terms & Conditions of Use appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, of Use “Incognito” “us” or “we” refers to Incognito Wear, Inc. (a Georgia Corporation).

The Site is intended for use in the United States by individuals 18 years of age or older. If you are under 18 years of age, you may use this Site only with the permission and involvement of a parent or guardian.  If you are located outside of the United States, you may use the Site only at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Your use of the Site constitutes your agreement to follow and be bound by these Terms & Conditions of Use. If at any time you do not accept all of these Terms & Conditions of Use, you must immediately stop using the Site.  We reserve the right to update or modify the Terms & Conditions of Use at any time without prior notice, and such changes will be effective immediately upon being posted to the Site. For this reason, we encourage you to review the Terms & Conditions of Use each time you visit the Site. Your continued use of the Site at any given time will indicate your acceptance of the then-current Terms & Conditions of Use.

Privacy and Security Policy

Your submission of personal information through the Site is governed by our Privacy and Security Policy, which is available hear https://incognitowearix.com/privacy-policy/. These Terms & Conditions of Use incorporate by reference the terms of the Privacy and Security Policy.

Site Content; Limited License to Access and Use

Unless otherwise designated, all materials on the Site, including but not limited to photographs, text, images, logos, illustrations, graphics and other materials, and any and all copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively, the “Content”), are owned or licensed property of Incognito.

Incognito grants you a limited license to access and make use of the Site and the Content only for your personal, non-commercial use, and only to the extent such use does not violate these Terms & Conditions of Use. You may download, print or copy Content and other downloadable materials contained on the Site for your personal, non-commercial use only, provided that you do not modify or alter the Content in any way and do not remove or change any trademark or copyright notice. No right, title or interest in any Content is transferred to you as a result of your access or any downloading, printing or copying by you.

Right to Modify Site

Incognito reserves the right to, at any time: (i) modify, suspend or discontinue the Site or any portion of the Site; (ii) charge fees in connection with your use of the Site and/or modify or waive any such fees; and/or (iii) offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

User Comments, Feedback, and Other Submissions

Incognito is pleased to hear from users of our Site and we welcome reviews, comments and other communications regarding the Site and our products (“User Content”), provided that the User Content complies with these Terms & Conditions of Use.  You hereby grant to Incognito a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, display, distribute, transmit, copy, modify, delete, publish, translate, create derivative works from, and sell the User Content that you provide.  Incognito can incorporate the User Content that you provide into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. You should not provide Incognito with any User Content that includes confidential information or any original creative materials (such as product ideas or original artwork), if you do not wish to grant the foregoing license to such information or materials to Incognito. Incognito may, but is not required to, include your name along with the User Content submitted by you.

You are solely responsible for the User Content you submit, and Incognito assumes no liability for any User Content submitted by you.  You represent and warrant that you have all rights necessary for you to submit the User Content to Incognito, and to grant the licenses granted in this section.  You agree that the User Content that you provide will (i) not violate any right of any third party, including copyright, privacy, publicity or trademark rights; (ii) not cause injury to any person or entity; (iii) not include libelous, obscene, lewd, profane or threatening language, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, violent, abusive or degrading; (iv) be accurate; and (v) not violate any law or regulation.

Other Site users may post User Content that is inaccurate, misleading or deceptive. Incognito neither endorses nor is responsible for any information, opinions or statements made by third parties on the Site. Incognito will not be liable for any loss or damage caused by your reliance on such information, opinions or statements.

Incognito has the right but not the obligation to monitor and edit or remove any User Content.

Unlawful Or Prohibited Uses

The Site may only be used for your personal, non-commercial purposes in accordance with applicable laws and the terms of the license granted above.  You hereby warrant to Incognito that you will not do any of the following:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your identity or your affiliation with any person or entity in connection with the Site;

(b) conduct fraudulent activities on the Site;

(c)  make any commercial use of the Site or the Content, including making any non-personal or commercial use of any photos, product listings, descriptions, prices, or images;

(d) use or attempt to use any engine, software, tool, or other device or mechanism to navigate or search the Site other than the search engine provided by Incognito or generally publicly available browsers;

(e) make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use the Content, except pursuant to the limited license granted by these Terms & Conditions of Use;

(f)  express or imply that Incognito endorses any statement that you make;

(g) tamper with the Site or use or attempt to use any device, software, routine, or tool that interferes or attempts to interfere with the functionality of the Site;

(h)  violate or attempt to violate the security of the Site, including but not limited to: (i) accessing data not intended for you or logging onto an account that you are not authorized to access; (ii) attempting to breach security or authentication measures; (iii) attempting to interfere with service to any other user, host or network; or (iv) forging communications on behalf of the Site or to the Site;

(i) use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

(j)  harvest or collect personally identifiable information about other users of the Site;

(k) restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

(l) use the Site to advertise or offer to sell or buy any goods or services without Incognito’s express prior written consent;

(m)  modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or

(n) remove any copyright, trademark, or other proprietary rights notice from the Site or materials depicted on the Site.

Your Account

You may be required to set up an account in order to access or use certain services on the Site. Your user name and password are for your personal use only. If you set up an account on the Site, you are solely responsible for maintaining the confidentiality of your user name and password and for restricting access to your account.  You hereby agree to accept responsibility for all activities that occur under your user name and password.

Incognito reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent your future access to and use of the Site for any reason or no reason at all. Upon any such termination, your account and/or your right to access and use the Site will immediately cease.

Transactions

The products displayed on the Site are available in the United States.  The prices displayed on the Site are in U.S. Dollars. All photos, descriptions, images, features, content, specifications, and prices of products described on the Site are subject to change at any time without notice.  If you wish to purchase any product available through the Site, you must supply certain information relevant to the sales transaction, including but not limited to your name, credit card number, expiration date and security code for your credit card, your billing address, and your shipping address. You hereby represent and warrant that you have the legal right to use the credit card that you provide in connection with the sales transaction. By submitting the foregoing information, you grant to Incognito the right to provide that information to third parties for purposes of facilitating the completion of the sales transaction.

Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Incognito reserves the right to terminate your account, refuse service to you, or change or cancel orders for any reason or no reason at all. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Occasionally there may be information about products, pricing, or promotions on the Site that contains typographical errors, inaccuracies, or omissions. Incognito reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted an order). As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than the price listed on the Site, we will charge the lower amount and ship you the item. If an item’s correct price is higher than the price listed on the Site, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation.

Certain products may be available exclusively online through the Site. These products may have limited quantities.

If you are not fully satisfied with your purchase you may return it in accordance with the return policy set forth in the Warranty Disclaimer, which is incorporated into these Terms & Conditions of Use in its entirety.

Colors

We attempt to display as accurately as possible the colors of the products that appear on the Site; however, Incognito cannot guarantee that the display of any color will be accurate.

Links to Other Websites

The Site may contain links to other websites that are not under the control of Incognito, and we have no responsibility for the content on such linked websites, nor does the link to such a website constitute an endorsement of the website. Links are provided solely for your convenience and information.  Incognito recommends that you review the terms and conditions and privacy policy of each linked website. Your use of linked websites is at your own risk.

Disclaimer

Incognito does not represent or warrant that the Site and/or your access thereto will be uninterrupted or error-free, or that the Site will meet your expectations or requirements. The Site and all Incognito provided content, materials, product information and photos, and any content made available to you through the Site, are provided on an “AS IS, AS AVAILABLE” basis, without representations or warranties of any kind, either express or implied.  By way of explanation and not limitation, Incognito makes no representations or warranties as to the operation of the Site, the accuracy or completeness of the contents of the Site, or that communications sent through the Site will be transmitted or complete. You hereby acknowledge and agree that your use of the Site is at your sole risk.  We disclaim any duty to update or revise any content on this website, although we may modify content at any time without prior notice.  To the full extent permitted by law, Incognito disclaims any and all representations and warranties with respect to the Site and the Site contents, whether express or implied, including but not limited to, warranties of title, merchantability, fitness for a particular purpose or use, and non-infringement.

Limitation of Liability

None of Incognito, its officers, directors, employees, or agents will be liable for any direct or indirect damages or losses of any kind arising out of or in connection with your use of or inability to use the Site, or any of the Site contents.  This limitation of liability applies to all damages and losses of every kind, including but not limited to, direct, indirect, special, punitive, and consequential damages, whether arising in contract or tort, and even if Incognito has been advised of or should have known of the possibility of such damages.

The law of your jurisdiction may not allow some or all of the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights in addition to those set forth herein.

Indemnification

You hereby agree to defend, indemnify and hold harmless Incognito and its officers, directors, employees and agents from and against any and all liabilities, losses, claims, suits, damages, costs and expenses (including reasonable attorneys’ fees), arising from or related to your use of the Site, including but not limited to any User Content that you submit and/or your breach of any representation, warranty, or other provision of these Terms & Conditions.

Governing Law and Venue

You hereby acknowledge and agree that all matters relating to your access to or use of the Site and all matters arising out of or related to these Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.  The exclusive forum and venue for any legal actions or disputes arising out of or related to these Terms and Conditions of Use shall be the Superior Court located in Cobb County, Georgia, and you hereby submit to the personal jurisdiction of this Court.

Termination

You may cease accessing the Site at any time.  Incognito may terminate your access to the Site at any time without notice, for any reason or no reason at all.  You agree that Incognito shall not be liable to you or any third party for its termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnification obligations shall survive such termination.

Miscellaneous

These Terms & Conditions of Use, including the Privacy and Security Policy and any other information linked or incorporated herein, constitute the entire agreement between you and Incognito with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.